J  K 


IC-NRLF 


SB 


071 


GIFT  OF 


STATUTES 


STATE  OF  OREGON 


RELATING   TO 


ELECTIONS 

191O 


COMPILED   FROM 


Bellinger  and  Cotton's  Annotated  Codes  and  Statutes, 

and   from  the  Laws  of  1903,  1905, 

1907,  and  1909. 


Such  Provisions  of  the  Constitution  of  Oregon,  and  Such 

Statutes  of  the  United  States,  as  Pertain  to 

Elections  in  This  State 


Compiled  by 

F.  W.  BENSON 

Secretary  of  State 


SALEM,     OREGON 

WILLIS     S.     DUNIWAY,    STATE    PRINTER 
1910 


STATUTES 


STATE   OF   OREGON 


KKI-ATI  N<;     TO 


ELECTIONS 

1  91  O 


COM  PI  I, Kl)    KKOM 


Bellinger  and   Cotton's  Annotated  Codes  and   Statutes, 

and   from  the  Laws  of  1903,  1905, 

1907,  and  1909. 


Such  Provisions  of  the  Constitution  of  Oregon,  and  Such 

Statutes  of  the  United  States,  as  Pertain  to 

Elections  in  This  State 


Compiled  by 
F.  W.  BENSON 

Secretary  of  State 


SALEM,     OREGON 

WILLIS     S.     DUNIWAY,     STATE     PRINTER 
1910 


LAW  AUTHORIZING  THIS    COMPILATION. 


§    2828,  B.  &  C.  Comp.    Election  Supplies  Furnished  by  Secre- 
tary of  State. 

It  shall  be  the  duty  of  the  Secretary  of  State,  not  less  than 
six  months  before  every  biennial  election  in  this  State,  to  com- 
pile the  election  laws  of  the  State  and  index  the  same,  and 
cause  the  same  to  be  printed  in  suitable  pamphlet  form  for 
the  use  of  the  judges  of  election;  also  suitable  poll  books, 
required  by  and  in  acordance  with  section  22  of  this  act;  also 
tally  sheets,  required  by  and  in  accordance  with  section  24  of 
this  act;  also  "register  of  nominations"  books,  required  by 
section  39  of  this  act ;  also  receipts,  required  by  and  in  accord- 
ance with  section  55  of  this  act;  needles  for  stringing  ballots 
and  stubs,  as  required  by  sections  23  and  64  of  this  act,  and 
indelible  ' 'copy ing"  pencils,  suitable  for  canceling  the  names  of 
candidates  not  voted  for,  as  required  by  section  59  of  this  act ; 
and  he  shall  forthwith  proceed  and  distribute  the  same  to  the 
several  county  clerks  in  the  State,  in  appropriate  quantities. 
The  bills  for  furnishing  said  pamphlet  copies  of  the  election 
laws,  for  ruling,  printing,  and  binding  such  poll  books,  blanks, 
receipts,  register  of  nominations,  and  tally  sheets,  and 
procuring  said  needles  and  pencils,  and  for  preparing  and 
delivering  the  same,  as  required  by  this  act,  shall  be  audited 
by  the  Secretary  of  State  and  paid  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated.  [L.  1891,  p.  30,  §  68; 
H.  C.  p.  11940.] 


NOTE  :  This  compilation  of  the  statutes  of  this  State  relating  to  elections  and 
the  registration  of  voters  contains  only  such  statutes  as  relate  to  or  in  any  man- 
ner affect  the  duties  and  authority  of  judges  and  clerks  of  election,  and  other 
officers  directly  connected  therewith.  Those  statutes  heretofore  published  with 
the  election  laws  which  relate  to  the  canvass  of  votes  by  the  county  clerks, 
election  contests,  resignations,  vacancies,  and  terms  of  office,  offices  to  be  filled, 
boundaries  of  counties,  senatorial  and  representative  districts,  and  such  other 
statutes  as  are  purely  local  in  their  application,  are  omitted  in  this  compilation, 
and  for  information  on  such  matters  reference  should  be  made  to  the  code  and 
the  session  laws  of  1903,  1905,  1907,  and  1909. — Secretary  of  State. 


257189 


UNITED   STATES   STATUTES   DEFINING 
CITIZENSHIP. 


[Revised  United  States  Statutes,  p.   351.] 

§  1992.     Native-born  Persons. 

All  persons  born  in  the  United  States  and  not  subject  to  any 
foreign  power,  excluding  Indians  not  taxed,  are  declared  to  be 
citizens  of  the  United  States. 

§  1993.     Children  Born  Abroad. 

All  children  heretofore  born  or  hereafter  born  out  of  the 
limits  and  jurisdiction  of  the  United  States,  whose  fathers 
were  or  may  be  at  the  time  of  their  birth  citizens  thereof,  are 
declared  to  be  citizens  of  the  United  States ;  but  the  rights  of 
citizenship  shall  not  descend  to  children  whose  fathers  never 
resided  in  the  United  States. 

§  1994.     Married  Women. 

Any  woman  who  is  now  or  who  may  hereafter  be  married 
to  a  citizen  of  the  United  States,  and  who  might  herself  be 
lawfully  naturalized,  shall  be  deemed  a  citizen. 

§  1995.     Persons  Born  in  Former  Territory  of  Oregon. 

All  persons  born  in  the  district  of  country  formerly  known 
as  the  Territory  of  Oregon,  and  subject  to  the  jurisdiction  of 
the  United  States  on  the  eighteenth  day  of  May,  1872,  are 
citizens  in  the  same  manner  as  if  born  elsewhere  in  the  United 
States. 

§  1996.     Army  Deserters  Forfeit  Right  of  Citizenship. 

All  persons  wno  deserted  the  military  or  naval  service  of  the 
United  States  and  did  not  return  thereto  or  report  themselves 
to  a  provost  marshal  within  sixty  days  after  the  issuance  of 
the  proclamation  of  the  President,  dated  the  eleventh  day  of 
March,  1865,  are  deemed  to  have  voluntarily  relinquished  and 
forfeited  their  rights  of  citizenhip,  as  well  as  their  rights  to 
become  citizens ;  and  such  deserters  shall  be  forever  incapable 
of  holding  any  office  of  trust  or  profit  under  the  United  States, 
or  of  exercising  any  rights  of  citizenship  thereof. 

§  1997.     Certain  Soldiers  and  Sailors  excepted. 

No  soldier  or  sailor,  however,  who  faithfully  served  ac- 
cording to  his  enlistment  until  the  nineteenth  day  of  April, 


6  U.    S.    STATUTES    RELATING   TO   CITIZENSHIP. 


1865,  and  who  without  proper  authority  or  leave  first  obtained, 
quit  his  command  or  refused  to  serve  after  that  date,  shall  be 
a  deserter  from  the  army  or  navy;  but  this  section  shall  be 
construed  solely  as  a  removal  of  any  disability  such  soldier  or 
sailor  may  have  incurred  under  the  preceding  section,  by  the 
loss  of  citizenship  and  of  the  right  to  hold  office  in  consequence 
of  his  desertion. 

§  1998.     Defining  an  Army  Deserter. 

Every  person  who  hereafter  deserts  the  military  or  naval 
service  of  the  United  States,  or  who,  being  duly  enrolled,  de- 
parts the  jurisdiction  of  the  district  in  which  he  is  enrolled,  or 
goes  beyond  the  limits  of  the  United  States,  with  intent  to 
avoid  any  draft  into  the  military  or  naval  service  lawfully 
ordered,  shall  be  liable  to  all  the  penalties  and  forfeitures  of 
section  1996. 

§  1999.     Right  of  Expatriation  Declared. 

Whereas  the  right  of  expatriation  is  a  natural  and  inherent 
right  of  all  people,  indispensable  to  the  enjoyment  of  the  rights 
of  life,  liberty,  and  the  pursuit  of  happiness ;  and  whereas,  in 
the  recognition  of  this  principle,  this  government  has  freely 
received  emigrants  from  all  nations,  and  invested  them  with 
the  rights  of  citizenship;  and  whereas  it  is  claimed  that  such 
American  citizens,  with  their  descendants,  are  subjects  of 
foreign  states,  owing  allegiance  to  the  government  thereof; 
and  whereas  it  is  necessary  to  the  maintenance  of  public  peace 
that  this  claim  of  foreign  allegiance  should  be  promptly  and 
finally  disallowed :  therefore,  any  declaration,  instruction, 
opinion,  order,  or  decision  of  any  officer  of  the  United  States 
which  denies,  restricts,  impairs,  or  questions  the  right  of 
expatriation  is  declared  inconsistent  with  the  fundamental 
principles  of  the  republic. 

§  2000.  Naturalized  Citizens  Protected  in  Foreign  States. 
All  naturalized  citizens  of  the  United  States,  while  in  foreign 
countries,  are  entitled  to  and  shall  receive  from  this  govern- 
ment the  same  protection  of  persons  and  property  which  is 
accorded  to  native-born  citizens. 


U.    S.    STATUTES   RELATING  TO   ELECTIONS. 


UNITED  STATES   STATUTES  RELATIVE  TO  THE 
ELECTIVE    FRANCHISE. 


[Revised    United    States    Statutes,    p.    353.-] 

§  2003.     Interference  by  Army  or  Naval  Officers. 

No  officer  of  the  army  or  navy  of  the  United  States  shall 
prescribe  or  fix,  or  attempt  to  prescribe  or  fix,  by  proclamation, 
order,  or  otherwise,  the  qualifications  of  voters  in  any  State, 
or  in  any  manner  interfere  with  the  freedom  of  any  election 
in  any  State,  or  with  the  exercise  of  the  free  right  of  suffrage 
in  any  State. 

§  2004.     Race,  Color,  or  Previous  Condition  Not  to  Affect  the 

Right  to  Vote. 

All  citizens  of  the  United  States  who  are  otherwise  qualified 
by  law  to  vote  at  any  election  by  the  people  in  any  state, 
territory,  district,  county,  city,  parish,  township,  school  district, 
municipality,  or  other  territorial  subdivision,  shall  be  entitled 
and  allowed  to  vote  at  all  such  elections  without  distinction  of 
race,  color,  or  previous  condition  of  servitude,  any  constitution, 
law,  custom,  usage,  or  regulation  of  any  State  or  Territory, 
or  by  or  under  its  authority,  to  the  contrary  notwithstanding. 


UNITED    STATES    STATUTES    DEFINING   CRIMES 
AGAINST   ELECTIVE   FRANCHISE. 


[Revised    United    States    Statutes,    p.    1073.] 

§  5507.     Intimidating  Voters  by  Bribery  or  Threats. 

Every  person  who  prevents,  hinders,  controls  or  intimidates 
another  from  exercising,  or  in  exercising,  the  right  of  suffrage, 
to  whom  that  right  is  guaranteed  by  the  fifteeenth  amendment 
to  the  Constitution  of  the  United  States,  by  means  of  bribery 
or  threats  of  depriving  such  person  of  employment  or  occupa- 
tion, or  of  ejecting  such  person  from  a  rented  house,  lands  or 
other  property,  or  by  threats  of  refusing  to  renew  leases  or 
contracts  for  labor,  or  by  threats  of  violence  to  himself  or 
family,  shall  be  punished  as  provided  in  the  preceding  section. 

§  5508.     Conspiracy  to  Injure  or  Intimidate  Citizens  in  the 

Exercise  of  Civil  Rights. 

If  two  or  more  persons  conspire  to  injure,  oppress,  threaten, 
or  intimidate  any  citizen  in  the  free  exercise  or  enjoyment  of 


U.  S.  STATUTES  RELATING  TO  ELECTIONS. 


any  right  or  privilege  secured  to  him  by  tne  Constitution  or 
laws  of  the  United  States,  or  because  of  his  having  so  exercised 
the  same;  or  if  two  or  more  persons  go  in  disguise  on  the 
highway,  or  on  the  premises  of  another,  with  intent  to  prevent 
or  hinder  his  free  exercise  or  enjoyment  of  any  right  or 
privilege  so  secured,  they  shall  be  fined  not  more  than  $5,000 
and  imprisoned  not  more  than  ten  years  and  shall,  moreover, 
be  thereafter  ineligible  to  any  office  or  place  of  honor,  profit, 
or  trust  created  by  the  Constitution  or  laws  of  the  United 
States. 

§     5509.     Other  Crimes   Committed   in   Violating   Preceding 

Section. 

If,  in  the  act  of  violating  any  provision  in  either  of  the  two 
preceding  sections,  any  other  felony  or  misdemeanor  be 
committed,  the  offender  shall  be  punished  for  the  same  with 
such  punishment  as  is  attached  to  such  felony  or  misdemeanor 
by  the  laws  of  the  State  in  which  the  offense  is  committed. 

§  5510.     Depriving  Citizens  of  Civil  Rights  Under  Color  of 

State  Laws. 

Every  person  who,  under  color  of  any  law,  statute,  ordin- 
ance, regulation,  or  custom,  subjects  or  causes  to  be  subjected, 
any  inhabitant  of  any  State  or  Territory  to  the  deprivation  of 
any  rights,  privileges,  or  immunities  secured  or  protected  by 
the  Constitution  and  laws  of  the  United  States,  or  to  different 
punishments,  pains,  or  penalties,  on  account  of  such  inhabitant 
being  an  alien,  or  by  reason  of  his  color  or  race,  than  are 
prescribed  for  the  punishment  of  citizens,  shall  be  punished  by 
a  fine  of  not  more  than  $1,000,  or  by  imprisonment  not  more 
than  one  year,  or  by  both. 

§  5511.     Fraudulent  Voting  at  Elections,  etc. 

If,  at  any  election  for  representative  or  delegate  in  Congress, 
any  person  knowingly  personates  and  votes,  or  attempts  to 
vote,  in  the  name  of  any  other  person,  whether  living,  dead, 
or  fictitious ;  or  votes  more  than  once  at  the  same  election  for 
any  candidate  for  the  same  office;  or  votes  at  a  place  where 
he  may  not  be  lawfuly  entitled  to  vote;  or  votes  without 
having  a  lawful  right  to  vote;  or  does  any  unlawful  act  to 
secure  an  opportunity  to  vote  for  himself,  or  any  other  person ; 
or  by  force,  threat,  intimidation,  bribery,  reward,  or  offer 
thereof,  unlawfully  prevents  any  qualified  voter  of  any  State, 
or  any  Territory,  from  freely  exercising  the  right  of  suffrage, 
or  by  any  such  means  induces  any  voter  to  refuse  to  exercise 
such  right,  or  compels  or  induces,  by  any  such  means,  any 
officer  of  an  election  in  any  such  State  or  Territory  to  receive 
a  vote  from  a  person  not  legally  qualified  or  entitled  to  vote; 


U.    S.    STATUTES  RELATING  TO   ELECTIONS. 


or  interferes  in  any  manner  with  any  officer  of  such  election  in 
the  discharge  of  his  duties ;  or  by  any  such  means,  or  other 
unlawful  means,  induces  any  officer  of  an  election  or  officer 
whose  duty  it  is  to  ascertain,  announce,  or  declare  the  result 
of  any  such  election,  or  give  or  make  any  certificate,  document, 
or  evidence  in  relation  thereto,  to  violate  or  refuse  to  comply 
with  his  duty  or  any  law  regulating  the  same;  or  knowingly 
receives  the  vote  of  any  person  not  entitled  to  vote,  or  refuses 
to  receive  the  vote  of  any  person  entitled  to  vote,  or  aids, 
counsels,  procures,  or  advises  any  such  voter,  person,  or  officer 
to  do  any  act  hereby  made  a  crime,  or  omit  to  do  any  duty  the 
omission  of  which  is  hereby  made  a  crime,  or  attempt  to  do  so, 
he  shall  be  punished  by  a  fine  not  more  than  $500  or  by 
imprisonment  not  more  than  three  years,  or  by  both,  and 
shall  pay  the  costs  of  the  prosecution. 

§  5512.     Fraudulent  Registration,  etc. 

If,  at  any  registration  of  voters  for  an  election  for  repre- 
sentative or  delegate  in  the  Congress  of  the  United  States,  any 
person  knowingly  personates  and  registers,  or  attempts  to 
register,  in  the  name  of  any  other  person,  whether  living,  dead, 
or  fictitious,  or  fraudulently  registers,  or  fraudulently  attempts 
to  register,  not  having  a  lawful  right  to  do  so;  or  does  any 
unlawful  act  to  secure  registration  for  himself  or  any  other 
person;  or  by  force,  threat,  menace,  intimidation,  bribery, 
reward,  or  offer,  or  promise  thereof,  or  other  unlawful  means, 
prevents  or  hinders  any  person  having  a  lawful  right  to  regis- 
ter from  duly  exercising  such  right;  or  compels  or  induces  by 
any  such  means,  or  other  unlawful  means,  any  officer  of 
registration  to  admit  to  registration  any  person  not  legally 
entitled  thereto,  or  interferes  in  any  manner  with  any  officer  of 
registration  in  the  discharge  of  his  duties,  or  by  any  such 
means,  or  other  unlawful  means,  induces  any  officer  of  registra- 
tion to  violate  or  refuse  to  comply  with  his  duty  or  any  law 
regulating  the  same ;  or  if  any  such  officer  knowingly  and 
willfully  registers  as  a  voter  any  person  not  entitled  to  be 
registered,  or  refuses  to  so  register  any  person  entitled  to  be 
registered ;  or  if  any  such  officer  or  other  person  who  has  any 
duty  to  perform  in  relation  to  such  registration  or  election, 
in  ascertaining,  announcing,  or  declaring  the  result  thereof, 
or  in  giving  or  making  any  certificate,  document,  or  evidence 
in  relation  thereto,  knowingly  neglects  or  refuses  to  perform 
any  duty  required  by  law,  or  violates  any  duty  imposed  by  law, 
or  does  any  act  unauthorized  by  law  relating  to  or  affecting 
such  registration  or  election,  or  the  result  thereof,  or  any  such 
certificate,  document,  or  any  evidence  in  relation  thereto,  or 
if  any  person  aids,  counsels,  procures,  or  advises  any  such 


10  U.    S.    STATUTES  RELATING  TO  ELECTIONS. 


voter,  person,  or  officer  to  do  any  act  hereby  made  a  crime, 
every  such  person  shall  be  punishable  as  prescribed  in  the 
preceding  section. 

§  5513.     What  Deemed  a  Registration  Under  Last  Section. 

Every  registration  made  under  the  laws  of  any  State  or 
Territory,  for  any  state  or  other  election  at  which  such  repre- 
sentative or  delegate  in  Congress  may  be  chosen,  shall  be 
deemed  a  registration  within  the  meaning  of  the  preceding 
section,  notwithstanding  such  registration  is  also  made  for 
the  purposes  of  any  state,  territorial,  or  municipal  election. 

§  5514.     Voting  or  offering  to  Vote  in  Certain  Cases  Prima 

Facie  Evidence,  etc. 

Whenever  the  laws  of  any  State  or  Territory  require  that 
the  name  of  a  candidate  or  person  to  be  voted  for  as  repre- 
sentative or  delegate  in  Congress  shall  be  printed,  written, 
or  contained  on  any  ticket  or  ballot  with  the  names  of  other 
candidates  or  persons  to  be  voted  for  at  the  same  election  as 
state,  territorial,  municipal,  or  local  officers,  it  shall  be  deemed 
sufficient  prima  facie  evidence  to  convict  any  person  charged 
with  voting,  or  offering  to  vote,  unlawfully  under  the  provi- 
sions of  this  chapter,  to  prove  that  -the  person  so  charged  cast, 
or  offered  to  cast,  such  a  ticket  or  ballot  whereon  the  name  of 
such  representative  or  delegate  might  by  law  be  printed, 
written,  or  contained,  or  that  the  person  so  charged  committed 
any  of  the  offenses  denounced  in  this  chapter  with  reference 
to  such  ticket  or  ballot. 

§  5515.     Violation  of  Duty  by  Officers  of  Election. 

Every  officer  of  election  at  which  any  representative  or 
delegate  in  Congress  is  voted  for,  whether  such  officer  of 
election  be  appointed  or  created  by  or  under  any  law  or  author- 
ity of  the  United  States,  or  by  any  state,  territorial,  district, 
or  municipal  law  or  authority,  who  neglects  or  refuses  to 
perform  any  duty  in  regard  to  such  election  required  of  him  by 
any  law  of  the  United  States,  or  of  any  State  or  Territtory 
thereof;  or  who  violates  any  duty  so  imposed;  or  who  know- 
ingly does  any  acts  thereby  unauthorized,  with  intent  to  affect 
such  election  or  the  result  thereof ;  or  who  fraudulently  makes 
any  false  certificate  of  the  result  of  such  election  in  regard  to 
such  representative  or  delegate;  or  who  withholds,  conceals, 
or  destroys  any  certificate  of  record  so  required  by  law 
respecting  the  election  of  any  such  representative  or  delegate ; 
or  who  neglects  or  refuses  to  make  or  return  such  certificate 
as  required  by  law ;  or  who  aids,  counsels,  procures,  or  advises 
any  voter,  person,  or  officer  to  do  any  act  by  this  or  any  of 
the  preceding  sections  made  a  crime,  or  attempts  to  do  so,  shall 
be  punished  as  prescribed  in  section  5511. 


U.    S.    STATUTES   RELATING   TO   ELECTIONS.  11 


§  5516.     Obstructing  Execution  of  Process  in  Civil  Rights 

Cases. 

Every  person  who  wilfully  obstructs,  hinders,  or  prevents 
any  officer  or  other  person  charged  with  the  execution  of  any 
warrant  or  process  issued  under  the  provisions  of  sections 
1984  and  1985,  title  "Civil  Rights/'  or  any  person  lawfully 
assisting  him,  from  arresting  any  person  for  whose  apprehen- 
sion such  warant  or  process  may  have  been  issued ;  or  rescues, 
or  attempts  to  rescue,  such  person  from  the  custody  of  the 
officer  or  other  person  lawfully  assisting  when  so  arrested, 
pursuant  to  the  authority  herein  given;  or  aids,  abets,  or 
assists  any  person  so  arrested,  directly  or  indirectly,  to  escape 
from  the  custody  of  the  officer  or  other  person  legally  author- 
ized to  arrest  the  party;  or  harbors  or  conceals  any  person 
for  whose  arrest  a  warrant  or  process  has  been  issued,  so  as 
to  prevent  his  discovery  and  arrest,  after  notice  or  knowledge 
of  the  fact  that  a  warrant  has  been  issued  for  the  apprehension 
of  such  person,  shall,  for  any  of  such  offenses,  be  subject  to  a 
fine  of  not  more  than  $1,000,  or  imprisonment  not  more  than 
six  months,  or  both. 

§  5517.     Marshal  Refusing  to  Receive  or  Execute  Process. 

Every  marshal  or  deputy  marshal  who  refuses  to  receive 
any  warrants  or  other  process  when  tendered  to  him,  issued  in 
pursuance  of  the  provisions  of  section  1985,  title  "Civil 
Rights,"  or  refuses  or  neglects  to  use  all  proper  means  dili- 
gently to  execute  the  same,  shall  be  liable  to  a  fine  in  the  sum 
of  $1,000,  for  the  benefit  of  the  party  aggrieved  thereby. 

§  5518.     Conspiracy  to  Prevent  Accepting  or  Holding  Office 

Under  the  United  States,  etc. 

If  two  or  more  persons  in  any  State  or  Territory  conspire 
to  prevent,  by  force,  intimidation,  or  threat,  any  person  from 
accepting  or  holding  any  office,  trust,  or  place  of  confidence 
under  the  United  States,  or  from  discharging  any  duties 
thereof;  or  to  induce  by  like  means  any  officer  of  the  United 
States  to  leave  any  state,  district,  or  place  where  his  duties  as 
an  officer  are  required  to  be  performed,  or  to  injure  him  in 
his  person  or  property  on  account  of  his  lawful  discharge  of 
the  duties  of  his  office,  or  while  engaged  in  the  lawful  discharge 
thereof,  or  to  injure  his  property  so  as  to  molest,  interrupt, 
hinder,  or  impede  him  in  the  discharge  of  his  official  duties, 
each  of  such  persons  shall  be  punished  by  a  fine  of  not  less 
than  $500  nor  more  than  $5,000,  or  by  imprisonment,  with  or 
without  hard  labor,  not  less  than  six  months  nor  more  than 
six  years,  or  by  both  such  fine  and  imprisonment. 


12  U.    S.    STATUTES   RELATING   TO   ELECTIONS. 

§  5519.     Conspiracy   to   Deprive    any   Person   of   the   Equal 

Protection  of  the  Laivs. 

If  two  or  more  persons  in  any  State- or  Territory  conspire, 
or  go  in  disguise  on  the  highway  or  on  the  premises  of  another, 
for  the  purpose  of  depriving,  either  directly  or  indirectly, 
any  person  or  class  of  persons  of  the  equal  protection  of  the 
laws,  or  of  equal  privileges  and  immunities  under  the  laws; 
or  for  the  purpose  of  preventing  or  hindering  the  constituted 
authorities  of  any  State  or  Territory  from  giving  or  securing 
to  all  persons  within  such  State  or  Territory  the  equal 
protection  of  the  laws,  each  of  such  persons  shall  be  punished 
by  a  fine  of  not  less  than  $500  nor  more  than  $5,000,  or  by 
imprisonment,  with  or  without  hard  labor,  not  less  than  six 
months  nor  more  than  six  years,  or  by  both  such  fine  and 
imprisonment. 

§  5528.     Unlaivful  Presence  of  Troops  at  Elections. 

Every  officer  of  the  army  or  navy,  or  other  person  in  the 
civil,  military,  or  naval  service  of  the  United  States,  who 
orders,  brings,  keeps,  or  has  under  his  authority  or  control, 
any  troops  or  armed  men  at  any  place  where  a  general  or 
special  election  is  held  in  any  State,  unless  such  force  be 
necessary  to  repel  armed  enemies  of  the  United  States  or  to 
keep  the  peace  at  the  polls,  shall  be  fined  not  more  than  $5,000, 
and  suffer  imprisonment  at  hard  labor  not  less  than  three 
months  nor  more  than  five  years. 

§  5529.  Intimidation  of  Voters  by  Officers  of  Army  or  Navy. 
Every  officer  or  other  person  in  the  military  or  naval 
service,  who,  by  force,  threat,  intimidation,  order,  advice,  or 
otherwise,  prevents,  or  attempts  to  prevent,  any  qualified  voter 
of  any  State  from  freely  exercising  the  right  of  suffrage  at 
any  general  or  special  election  in  such  State,  shall  be  fined  not 
more  than  $5,000,  and  imprisoned  at  hard  labor  not  more  than 
five  years. 

§  5530.     Officers  of  Army  or  Navy  Prescribing  Qualifications 

of  Voters. 

Every  officer  of  the  army  or  navy  who  prescribes  or  fixes, 
or  attempts  to  prescribe  or  fix,  whether  by  proclamation,  order, 
or  otherwise,  the  qualifications  of  voters  at  any  election  in 
any  State,  shall  be  punished  as  provided  in  the  preceding 
section. 

§  5531.     Interference  of  Same  With  Officer  of  Election,  etc. 

Every  officer  or  other  person  in  the  military  or  naval  service 
who,  by  force,  threat,  intimidation,  order,  or  otherwise,  com- 
pels, or  attempts  to  compel,  any  officer  holding  an  election  in 


U.    S.    STATUTES   RELATING   TO    ELECTIONS.  13 


any  State  to  receive  a  vote  from  a  person  not  legally  qualified 
to  vote,  or  who  imposes,  or  attempts  to  impose,  any  regulations 
for  conducting  any  general  or  special  election  in  a  State 
different  from  those  prescribed  by  law,  or  who  interferes  in 
any  manner  with  any  officer  of  an  election  in  the  discharge  of 
his  duty,  shall  be  punished  as  provided  in  section  5529. 

§  5532.     Disqualification  for  Holding  Office. 

Every  person  convicted  of  any  of  the  offenses  specified  in 
the  five  preceding  sections  shall,  in  addition  to  the  punishments 
therein  severally  prescribed,  be  disqualified  from  holding  any 
office  of  honor,  profit,  or  trust  under  the  United  States;  but 
nothing  in  those  sections  shall  be  construed  to  prevent  any 
officer,  soldier,  sailor,  or  marine  from  exercising  the  right  of 
suffrage  in  any  election  district  to  which  he  may  belong,  if 
otherwise  qualified  according  to  the  laws  of  the  State  in  which 
he  offers  to  vote. 


PROVISIONS  OF   CONSTITUTION  OF    OREGON 
RELATING  TO  ELECTIONS. 


ARTICLE  II. 

SUFFRAGE  AND  ELECTIONS. 

§  1.     Elections  Free. 

All  elections  shall  be  free  and  equal. 

The  Lockwood  law,  providing  a  method  for  holding  primary  elections  for  the 
selection  of  delegates  to  nominating  conventions,  imposes  no  restraint  upon 
electors  and  does  not  deny  them  their  proper  influence  and  is  not  in  conflict  with 
this  section:  Ladd  v.  Holmes,  40  Or.  p.  167,  66  Pac.  714. 

To  be  "free"  means  that  the  voter  shall  be  left  to  the  untrammeled  exercise, 
whether  by  civil  or  military  authority,  of  his  right  or  privilege  ;  that  js  to  say, 
no  impediment  or  restraint  of  any  character  shall  be  imposed  upon  him,  either 
directly  or  indirectly  whereby  he  shall  be  hindered  or  prevented  from  partici- 
pation at  the  polls.  The  word  "equal"  has  a  different  signification :  every  elector 
has  the  right  to  have  his  vote  counted  for  all  it  is  worth  in  proportion,  to  the 
whole  number  of  qualified  electors  desiring  to  exercise  their  privilege ;  so  that 
the  terms  free  and  equal,  used  as  they  are  correlatively,  signify,  not  only 
that  the  election  shall  be  open  and  untrammeled  to  all  persons  endowed  with 
the  elective  franchise,  but  shall  be  closed  to  all  not  in  the  enjoyment  of  such 
privilege:  Ladd  v.  Holmes,  40  Or.  167. 

§  2.     Qualifications  of  Electors. 

In  all  elections  not  otherwise  provided  for  by  this  Constitu- 
tion, every  white  male  citizen  of  the  United  States,  of  the  age 
of  twenty-one  years  and  upwards,  who  shall  have  resided  in  the 
State  during  the  six  months  immediately  preceding  such  elec- 
tion ;  and  every  white  male  of  foreign  birth  of  the  age  of  twen- 
ty-one years  and  upwards,  who  shall  have  resided  in  this  State 
during  the  six  months  immediately  preceding  such  election,  and 
shall  have  declared  his  intention  to  become  a  citizen  of  the 
United  States  one  year  preceding  such  election,  conformably  to 
the  laws  of  the  United  States  on  the  subject  of  naturalization, 
shall  be  entitled  to  vote  at  all  elections  authorized  by  law. 

The  fifteenth  amendment  of  the  United  States  Constitution  rendered  of  no 
legal  force  or  -effect  this  provision  restricting  the  elective  franchise  to  white 
persons:  Wood  v.  Fitzgerald,  3  Or.  579 

The  qualification  of  voters  here  set  forth  applies  to  general  elections  provided 
for  by  the  constitution,  but  does  not  apply  to  election  of  school  directors.  A  law 
allowing  women  to  vote  at  school  elections  is  therefore  not  prohibited  by  this 
provision  of  the  constitution:  Harris  v.  Burr,  32  Or.  360,  52  Pac.  17. 

The  office  of  county  school  superintendent  is  a  county  office  requiring  of  the 
incumbent  the  qualifications  of  a  county  elector ;  a  woman  not  being  within 
these  qualifications  is  not  entitled  to  hold  such  office:  State  v.  Stevens,  29  Or. 
473,  44  Pac.  898. 

A  statute  requiring  previous  registration  as  a  condition  of  exercising  the  right 
to  vote  is  void.  This  section  prescribes  the  qualification  of  electors,  and  the 
legislature  cannot  add  others:  White  v.  County  Commissioners,  13  Or.  319, 
10  Pac.  484,  57  Am.  Rep.  20. 

The  Lockwood  law,  however,  prescribing  registration  but  permitting  those 
who  have  not  registered  to  vote  upon  certain  conditions  is  not  unconstitutional 
within  this  provision:  Ladd  v.  Holmes,  40  Or.  167,  66  Pac.  714. 


16  CONSTITUTIONAL   PROVISIONS   RELATING  TO   ELECTIONS. 

§  3.     Idiots,  Insane,  and  Convicts. 

No  idiotic  or  insane  person  shall  be  entitled  to  the  privileges 
of  an  elector ;  and  the  privilege  of  an  elector  shall  be  forfeited 
by  a  conviction  of  any  crime  which  is  punishable  by  imprison- 
ment in  the  penitentiary. 

The  term  "conviction,"  as  ased  here,  is  used  in  the  primary  and  ordinary 
sense,  and  signifies  proving  or  finding  that  the  defendant  is  guilty  either  by 
the  verdict  of  the  jury,  or  his  plea  to  that  effect,  and  does  not  include  the 
punishment  which  follows  thereon.  A  crime  is  punishable  by  imprisonment  in 
the  penitentiary  when  by  any  law  it  may  be  so  punished,  and  the  fact  that 
it  also  may  be  or  is  otherwise  punished  does  not  change  its  grade  or  character 
in  this  respect ;  hence  where  the  punishment  provided  by  statute  for  a  certain 
crime  was  either  imprisonment  in  the  penitentiary,  or  a  fine,  and  a  person 
upon  conviction  by  pleading  guilty  was  punished  by  a  fine,  but  not  by  imprison- 
ment, he  forfeited  his  right  to  vote  under  this  provision  of  the  constitution : 
United  States  v.  Watkinds,  6  Fed.  152. 

The  authority  of  this  decision  is  perhaps  avoided  by  the  amendment  to 
section  1230,  of  1895,  which  reads:  "Felony  is  a  crime  which  is  punishable 
with  death  or  by  imprisonment  in  the  penitentiary  of  this  State.  When  a  crime 
punishable  by  imprisonment  in  the  penitentiary  is  also  punishable  by  a  fine  or 
imprisonment  in  the  county  jail  in  the  discretion  of  the  court,  it  shall  be  deemed 
a  misdemeanor  for  all  purposes  after  a  judgment  imposing  punishment  other 
than  imprisonment  in  the  penitentiary." 

This  section  does  not  operate  as  a  restriction  on  the  pardoning  power. 
Pardon  by  the  Governor  restores  to  the  person  receiving  it  the  privileges  of 
an  elector  forfeited  by  the  crime:  Wood  v.  Fitzgerald,  3  Or.  158. 

§  4.     Residence. 

For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have 
gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States,  or  of  this 
State,  nor  while  engaged  in  the  navigation  of  the  waters  of 
this  State,  or  of  the  United  States,  or  of  the  high  seas;  nor 
while  a  student  of  any  seminary  of  learning ;  or  while  kept  at 
any  almshouse  or  other  asylum  at  public  expense;  nor  while 
confined  in  any  public  prison. 

Though  an  employee  of  the  United  States,  or  of  the  State,  does  not  gain  or 
lose  a  residence  by  reason  of  his  presence  or  absence  in  such  service,  he  may, 
by  appropriate  steps,  gain  a  residence  at  such  point  as  he  may  desire  inde- 
pendently of  such  employment:  Wood  v.  Fitzgerald,  3  Or.  568. 

§  5.     Soldiers,    Seamen,    and    Marines    Not    to    Vote — Resi- 
dence of. 

No  soldier,  seaman,  or  marine  in  the  army  or  navy  of  the 
United  States,  or  of  their  allies,  shall  be  deemed  to  have 
acquired  a  residence  in  the  State  in  consequence  of  having  been 
stationed  within  the  same;  nor  shall  any  such  soldier,  seaman, 
or  marine  have  the  right  to  vote. 

§  6.     Negroes,  Chinamen,  etc. 

No  negro,  Chinaman,  or  mulatto  shall  have  the  right  of 
suffrage. 

Negroes  or  mulattoes  born  or  naturalized  in  the  United  States  and  subject  to 
the  jurisdiction  thereof  by  virtue  of  the  fourteenth  amendment  are  now  citizens 
of  the  United  States  and  the  State  wherein  they  reside,  and,  therefore,  by  virtue 
of  the  fifteenth  amendment,  are  entitled  to  the  right  of  suffrage  in  this  State  the 
same  as  white  persons;  and  the  same  is  true  of  all  persons  born  or  naturalized 
in  the  United  States  and  subject  to  the  jurisdiction  thereof:  The  Slaughterhouse 
Cases,  16  Wall.  73.  See  note  on  article  II,  section  2,  ante. 


CONSTITUTIONAL  PROVISIONS  RELATING  TO   ELECTIONS.  17 

§  7.     Bribery  at  Elections. 

Every  person  shall  be  disqualified  from  holding  office  during 
the  term  for  which  he  may  have  been  elected  who  shall  have 
given  or  offered  a  bribe,  threat,  or  reward  to  procure  his 
election. 

A  promise  by  a  candidate  for  a  county  office  to  the  voters  of  his  county 
that  if  elected  he  will  pay  a  certain  part  of  the  salary  of  the  office  into  the 
county  treasury,  though  very  objectionable  on  the  grounds  of  public  policy, 
is  not  an  offer  of  a  bribe  or  reward  within  the  meaning  of  this  section,  unless 
the  voters  sought  to  be  influenced  thereby  are  taxpayers  of  the  county,  or 
would  in  some  way  be  benefited  by  the  performance  of  the  offer :  State  v. 
Dustin,  5  Or.  375. 

§  8.     Election  Laws. 

The  legislative  assembly  shall  enact  laws  to  support  the 
privilege  of  free  suffrage,  prescribing  the  manner  of  regulating 
and  conducting  elections,  and  prohibiting,  under  adequate  pen- 
alties, all  undue  influence  therein,  from  power,  bribery,  tumult, 
and  other  improper  conduct. 

§  9.     Penalty  for  Dueling. 

Every  person  who  shall  give  or  accept  a  challenge  to  fight  a 
duel,  or  shall  knowingly  carry  to  another  person  such  challenge, 
or  who  shall  agree  to  go  out  of  the  State  to  fight  a  duel,  shall 
be  ineligible  to  any  office  of  trust  or  profit. 

§  10.     Lucrative  Offices. 

No  person  holding  a  lucrative  office  or  appointment  under 
the  United  States,  or  under  this  State,  shall  be  eligible  to  a 
seat  in  the  legislative  assembly ;  nor  shall  any  person  hold  more 
than  one  lucrative  office  at  the  same  time,  except  as  in  this 
Constitution  expressly  permitted;  provided,  that  offices  in  the 
militia,  to  which  there  is  attached  no  annual  salary,  and  the 
office  of  postmaster,  where  the  compensation  does  not  exceed 
$100  per  annum,  shall  not  be  deemed  lucrative. 

The  office  of  deputy  collector  of  internal  revenue  is  a  "lucrative  office," 
within  the  meaning  of  this  section:  Hermann's  Case,  Senate  Journal,  1870,  p.  32. 

§  11.     Ineligibility  to  Office  of  Collector,  When. 

No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  money,  shall  be  eligible  to  any  office  o'f  trust  or  profit, 
until  he  shall  have  accounted  for  and  paid  over,  according  to 
law,  all  sums  for  which  he  may  be  liable. 

§  12.     Temporary  Appointment  to   Office. 

In  all  cases  in  which  it  is  provided  that  an  office  shall  not  be 
filled  by  the  same  person  more  than  a  certain  number  of  years 
continuously,  an  appointment  pro  tempore  shall  not  be  reck- 
oned a  part  of  that  term. 


18  CONSTITUTIONAL  PROVISIONS   RELATING  TO   ELECTIONS. 

§  13.     Privileges  of  Electors. 

In  all  cases  except  treason,  felony,  and  breach  of  the  peace, 
electors  shall  be  free  from  arrest  in  going  to  elections,  during 
their  attendance  there,  and  in  returning  from  the  same;  and 
no  elector  shall  be  obliged  to  do  duty  in  the  militia  on  any  day 
of  election,  except  in  time  of  war  or  public  danger. 

CONSTITUTIONAL    AMENDMENT. 

Resolved  by  the  House,  the  Senate  Concurring: 

That  the  following  amendment  to  the  Constitution  of  the 
State  of  Oregon  be,  and  the  same  is  hereby  proposed : 

Section  14  of  Article  II  of  the  Constitution  of  the  State  of 
Oregon  shall  be  and  hereby  is  amended  to  read  as  follows : 

Section  14.  The  regular  general  biennial  election  in  Oregon 
for  the  year  A.  D.  1910  and  thereafter  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November.  All  officers 
except  the  Governor,  elected  for  a  six-year  term  in  1904  or  for 
a  four-year  term  in  1906,  or  for  a  two-year  term  in  1908,  shall 
continue  to  hold  their  respective  offices  until  the  first  Monday  in 
January  1911;  and  all  officers,  except  the  Governor,  elected  at 
any  regular  general  biennial  election  after  the  adoption  of  this 
amendment  shall  assume  the  duties  of  their  respective  offices  on 
the  first  Monday  in  January  following  such  election.  All  laws 
pertaining  to  the  nomination  of  candidates,  registration  of 
voters  and  all  other  things  incident  to  the  holding  of  the 
regular  biennial  election  shall  be  enforced  and  be  effected  the 
same  number  of  days  before  the  first  Tuesday  after  the  first 
Monday  in  November  that  they  have  heretofore  been  before 
the  first  Monday  in  June  biennially,  except  as  may  hereafter 
be  provided  by  law. 

NOTE  :  The  foregoing  amendment  was  submitted  to  the  people  by  the  legis- 
lative assembly  and  approved  by  the  majority  of  the  votes  cast  thereon  at 
the  general  election  held  June  1,  1908.  There  were  65,728  votes  cast  for 
said  amendment  and  18,590  against,  and  under  the  provisions  of  law,  by  a 
proclamation  of  the  Governor,  dated  June  23,  1908,  took  effect  on  said  date. 
— Secretary  of  State. 

§15.     How  Votes  to  be  Given. 

In  all  elections  by  the  legislative  assembly,  or  by  either 
branch  thereof,  votes  shall  be  given  openly  or  viva  voce  and 
not  by  ballot,  forever,  and  in  all  elections  by  the  people,  votes 
shall  be  given  openly  or  viva  voce  until  the  legislative  assembly 
shall  otherwise  direct. 

"Election,"  as  here  used,  is  equivalent  to  "appointment"  :  State  v.  Thompson, 
34  Or.  33,  54  Pac.  349. 


CONSTITUTIONAL  PROVISIONS  RELATING  TO  ELECTIONS.  19 


CONSTITUTIONAL    AMENDMENT. 

Section  16  of  Article  II  of  the  Constitution  of  the  State  of 
Oregon  shall  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

Section  16.  In  all  elections  authorized  by  this  Constitution 
until  otherwise  provided  by  law,  the  person  or  persons 
receiving  the  highest  number  of  votes  shall  be  declared  elected, 
but  provision  may  be  made  by  law  for  elections  by  equal  pro- 
portional representation  of  all  the  voters  for  every  office 
which  is  filled  by  the  election  of  two  or  more  persons  whose 
official  duties,  rights  and  powers  are  equal  and  concurrent. 
Every  qualified  elector  resident  in  his  precinct  and  registered 
as  may  be  required  by  law  may  vote  for  one  person  under 
the  title  for  each  office.  Provision  may  be  made  by  law  for  the 
voter's  direct  or  indirect  expression  of  his  first,  second  or  ad- 
ditional choices  among  the  candidates  for  any  office.  For  an 
office  which  is  filled  by  the  election  of  one  person  it  may  be 
required  by  law  that  the  person  elected  shall  be  the  final, choice 
of  a  majority  of  the  electors  voting  for  candidates  for  that 
office.  These  principles  may  be  applied  by  law  to  nominations 
by  political  parties  and  organizations. 

NOTE  :  The  foregoing  amendment  was  proposed  by  the  people  by  initiative 
petition  and  approved  by  a  majority  of  the  votes  cast  thereon  at  the  general 
election  held  June  1,  1908.  There  were  48,868  votes  cast  for  said  amendment, 
and  34,128  against ;  and  under  the  provisions  of  law,  by  a  proclamation  of 
the  Governor,  dated  June  23,  1908,  it  took  effect  on  said  date. — Secretam 
of  State. 

§  17.     Place  of  Voting. 

All  qualified  electors  shall  vote  in  the  election  precinct  in 
the  county  where  they  may  reside  for  county  officers,  and  in 
any  county  in  the  State  for  state  officers,  or  in  any  county  of 
a  congressional  district  in  which  such  electors  may  reside  for 
members  of  Congress. 

When  an  individual  is  a  bona  fide  resident  of  a  county,  but  has  no  fixed 
residence  or  domicile  in  any  particular  precinct  therein,  he  may  vote  in  any 
precinct  in  which  he  finds  himself  on  the  day  of  election  :  Wood  v.  Fitzgerald, 
3  Or.  568. 

Failure  to  vote  for  precinct  officers  raises  no  presumption  that  the  voter 
was  not  a  resident  of  the  precinct :  Van  Winkle  v.  Crabtree,  34  Or.  478,  55 
Pac.  831. 

CONSTITUTIONAL    AMENDMENT. 

Article  II  of  the  Constitution  of  the  State  of  Oregon    shall  be, 

and  hereby  is,  amended  by  adding  thereto  at  the  end  of  said 

article  a  new  section,  which  shall  be  numbered  Section  18 

of  said  Article  II,  and  shall  be  as  follows : 

Section  18.     Every  public  officer  in  Oregon  is  subject,  as 

herein  provided,  to  recall  by  the  legal  voters  of  the  State  or 

of  the  electoral  district  from  which  he  is  elected.     There  may 

be  required  twenty-five  per  cent,  but  not  more,  of  the  number  of 


20  CONSTITUTIONAL   PROVISIONS   RELATING   TO   ELECTIONS. 


electors  who  voted  in  his  district  at  the  preceding  election  for 
justice  of  the  Supreme  Court  to  file  their  petition  demanding 
his  recall  by  the  people.  They  shall  set  forth  in  said  petition 
the  reasons  for  said  demand.  If  he  shall  offer  his  resignation, 
it  shall  be  accepted  and  take  effect  on  the  day  it  is  offered, 
and  the  vacancy  shall  be  filled  as  may  be  provided  by  law. 
If  he  shall  not  resign  within  five  days  after  the  petition  is 
filed,  a  special  election  shall  be  ordered  to  be  held  within 
twenty  days  in  his  said  electoral  district  to  determine  whether 
the  people  will  recall  said  officer.  On  the  sample  ballot  at 
said  election  shall  be  printed  in  not  more  than  two  hundred 
words,  the  reasons  for  demanding  the  recall  of  said  officer 
as  set  forth  in  the  recall  petition,  and  in  not  more  than  two 
hundred  words,  the  officer's  justification  of  his  course  in  office. 
He  shall  continue  to  perform  the  duties  of  his  office  until  the 
result  of  said  special  election  shall  be  officially  declared.  Other 
candidates  for  the  office  may  be  nominated  to  be  voted  for  at 
at  said  special  election.  The  candidate  who  shall  receive  the 
highest  number  of  votes  shall  be  deemed  elected  for  the  remain- 
der of  the  term,  whether  it  be  the  person  against  whom  the 
recall  petition  was  filed,  or  another.  The  recall  petition  shall 
be  filed  with  the  officer  with  whom  a  petition  for  nomination  to 
such  office  should  be  filed,  and  the  same  officer  shall  order  the 
special  election  when  it  is  required.  No  such  petition  shall  be 
circulated  against  any  officer  until  he  has  actually  held  his 
ottice  six  months,  save  and  except  that  it  may  be  filed  against 
a  senator  or  representative  in  the  Legislative  Assembly  at  any 
time  after  five  days  from  the  beginning  of  the  first  session 
after  his  election.  After  one  such  petition  and  special  election, 
no  further  recall  petition  shall  be  filed  against  the  same  officer 
during  the  term  for  which  he  was  elected  unless  such  further 
petitioners  shall  first  pay  into  the  public  treasury  which  has 
paid  such  special  election  expenses,  the  whole  amount  of  its 
expenses  for  the  preceding  special  election.  Such  additional 
legislation  as  may  aid  the  operation  of  this  section  shall  be 
provided  by  the  Legislative  Assembly,  including  provision 
for  payment  by  the  public  treasury  of  the  reasonable  special 
election  campaign  expenses  of  such  officer.  But  the  words 
words  "  the  Legislative  Assembly  shall  provide"  or  any  similar 
or  equivalent  words  in  this  Constitution  or  any  amendment 
thereto,  shall  not  be  construed  to  grant  to  the  Legislative 
Assembly  any  exclusive  power  of  law-making  nor  in  any  way 
to  limit  the  initiative  and  referendum  powers  reserved  by  the 
people. 

NOTE  :  The  foregoing  amendment  was  proposed  by  the  people  by  initiative 
petition  and  approved  by  a  majority  of  the  votes  cast  thereon  at  the  general 
election  held  June  1,  1908.  There  were  58,381  votes  cast  for  said  amendment, 
and  31,002  against;  and  under  the  provisions  of  law,  by  a  proclamation  of 
the  Governor,  dated  June  23,  1908,  it  took  effect  on  said  date. — Secretary 
of  State. 


STATUTES  RELATING  TO   ELECTIONS.  21 


STATUTES  RELATING   TO  ELECTORS. 

CHAPTER  IX. 

OF  THE   REGISTRATION   OF  VOTERS. 

[Bellinger    and    Cotton's   Annotated    Codes    and    Statutes   of    Oregon.] 

§  2860.     Providing  Registration  Books  and  Blanks 

It  is  hereby  made  the  duty  of  the  county  clerk  of  each  county 
in  this  State,  between  May  1  and  December  15,  1899,  and 
biennially  thereafter  between  said  dates,  to  procure  a  sufficient 
supply  of  all  the  books  and  blanks  required  by  this  chapter  and 
to  register  all  the  electors  in  the  county.  The  board  of 
commissioners  of  each  county  shall  order  to  be  paid  out  of  the 
county  treasury  the  reasonable  and  necessary  expenses  so  in- 
curred by  the  county  clerk.  [L.  1899,  p.  119,  §  1.] 

§  2861     Form  of  Registration  Book  and  Elector's  Oath. 

Said  registration  book  shall  be  ruled  and  printed  upon 
twenty-four  pound  folio,  superfine  white  paper,  so  that  each 
double  page  may  be  twenty-two  inches  wide  and  seventeen 
inches  long.  They  shall  be  ruled  and  printed  alike  for  all 
counties  in  the  State.  There  shall  be  one  or  more  volumes, 
well  bound  with  leather  backs  and  corners  and  cloth  sides, 
for  each  county,  large  enough  to  contain  the  names  of  all  the 
electors  in  the  county,  called  the  "General  County  Register." 
Each  general  county  register  shall  have  four  blank  leaves, 
suitably  ruled,  in  the  front,  to  facilitate  making  an  index  to 
the  several  precincts  in  the  county,  and  the  pages  shall  be 
numbered  consecutively  on  the  upper  right-hand  corner  of 
each  double  page.  Each  county  clerk  shall,  before  proceeding 
to  register  electors,  suitably  divide  his  register  into  as  many 
parts  as  there  are  election  precincts  in  his  county,  and  index 
the  several  precincts  in  the  front  of  the  volume.  There  shall 
be  one  registration  book,  bound  in  tag  board,  with  cloth  strips 
on  the  back,  for  each  ejection  precinct  in  each  county  in  the 

State,  called  the  "Precinct  Register  for  Precinct,   

County" ;  and  its  pages  shall  be  alphabetically  indexed  on  the 
margin  so  as  to  facilitate  registering  the  electors  in  the 
precinct  in  alphabetical  order,  according  to  surnames.  These 
precinct  registers  shall  be  bound  in  different  sizes  so  as  to 
suit  the  different  precincts.  Size  one  shall  contain  eight  double 
pages,  size  two  shall  contain  sixteen  double  pages,  size  three 
shall  contain  thirty-two  double  pages,  size  four  shall  contain 
forty-eight  double  pages.  The  paper,  size  of  pages,  ruling, 
and  printing  shall  be  the  same  as  used  for  the  general  county 
register,  but  the  pages  need  not  be  numbered.  Said  registra- 


22 


STATUTES  RELATING  TO   ELECTIONS. 


tion  books  shall  be  ruled  and   printed   substantially   in  the 
following  form: 

OFFICIAL  REftlSTKR  OF  ELECTORS  FOR  ..  PRECINCT,...       .-COUNTY, 

OREGON. 


IH 

0 
fc 

! 

Name,  sur- 
name, and 
given  name 

T 

> 

Occu- 
pation 

i 

> 

"5 
K 

Declara- 
tion of        Resi- 
naturaliza-    denc-e 
tion 

A 

S 

Signa- 
ture of 
electors 

Clerk's 
signature 

Remark* 

--- 



The  followig  form  of  oath  shall  be  printed  perpendicularly 
in  the  column  headed  "oath" :  "I,  having  been  first  duly  sworn, 
say,  upon  oath,  that  I  am  a  qualified  elector,  and  the  statements 
here  entered  opposite  my  name,  as  to  my  qualifications  as  an 
elector,  are  true."  [L.  1899,  p.  119,  §  2;  L.  1901,  p.  366,  §  23.] 

§  2862.     Form  of  Registration  Blanks. 

The  following  registration  blanks,  designated  as  "Registra- 
tion blank  A,"  and  "Registration  blank  B,"  shall  be  printed 
upon  sixteen  pound  cap,  superfine  paper,  eight  and  one  half 
inches  wide,  and  fourteen  inches  in  length,  with  a  blank  margin 
of  one  inch  on  the  left-hand  side  of  the  blank,  the  back  of 
which  margin  shall  be  gummed  five-eighths  of  an  inch  in 
width.  They  shall  be  furnished  in  pads  of  one  hundred  each : 

OREGON    REGISTRATION    BLANK    "A." 

This  blank  serves  for  three  purposes :  For  registering  with  a  notary  public 
or  justice  of  the  peace,  as  provided  in  section  2868,  in  which  case  two  witnesses 
are  necessary:  also  for  use  if  challenged  under  section  3873,  when  six  witnesses 
may  be  required;  also  under  section  2874,  when  the  elector  is  not  registered  in 
the  precinct,  when  he  must  subscribe  to  this  blank  three  times'  and  produce  six 
freeholders  as  witnesses,  who  must  all  sign  the  second  affidavit. 

STATE  OF  OREGON, 

^  ss. 

County  of } 

I,  the  undersigned  elector,  do  solemnly  swear  (or  affirm)  that  my 
name  and  signature  as  signed  below  is  my  true  name  and  signature. 
If  I  have  not  personally  signed  it,  it  is  because....  ...;  and  it  was 

signed  at  my  request  by  the  attesting  officer.    My  age  is years, 

and  occupation !;  nativity ;  naturalized  or  declared  my 

intention  in....  ....court,  in County, State,  on 


STATUTES  RELATING  TO  ELECTIONS.  23 


19....,  as  appears  by  the  naturalization  papers  exhibited  herewith.   Present 

residence  is  in  section  ..........  ,  township  ..........  ,  range  ..........  ,  ................  County, 

Oregon;  or   (if  town  or  city)   at  No  .......  ,  ..................  Street,  in  the  city  of 

..................  ;  I  occupy  room  ........  on  the  ........  floor;  that  I  have  resided  in  this 

State  during  the  six  months  immediately  preceding  this   election. 

In  testimony  whereof  I   sign  my  name  three  times. 


(2) 


Elector. 
NOTE  :     If  unable  to   sign,   let  the   officer  write  his  name  and   so   state. 

We,  the  undersigned  witnesses,  do  swear  that  our  names  and  signa- 
tures are  genuine;  that  we  are  each  personally  acquainted  with  the 
elector  and  his  residence,  as  stated;  that  we  believe  all  his  other  state- 
ments are  true,  and  that  we  are  each  freeholders  in  this  county. 

Signatures.  Residence. 


Subscribed  and  sworn  to  by  the  elector  and witnesses  before  me 

this day  of ,  19.... 

(Erase  one  title  to  suit.)  Justice  of  the  Peace  for District. 

Notary  Public  for  Oregon. 

OREGON  REGISTRATION  BLANK  "B." 

For  use  if  the  elector  has  changed  residence  after  registering,  in  order  to 
cancel  the  same.  By  canceling  his  former  registration  in  this  manner  he  can 
again  register  in  his  present  precinct  and  county.  See  sections  2870  and  2871. 

STATE  OF  OREGON, 

^ss. 
County  of J 

I,  the  undersigned  elector,  do  solemnly  swear  (or  affirm)  that  my 
name  and  signature  as  signed  below  is  my  true  name  and  signature. 

If  I  have  not  personally  signed  it,  it  is  because ;  and  it  was 

signed  at  my  request  by  the  attesting  officer.     That  while  a  resident  of 

precinct,  in County,  Oregon,  I  registered,  but  on 

day  of ,  19....,  I  moved  my  residence  to  section ,  township , 

range ,  County,  Oregon;  or  (if  in  city)  to  No ,  

Street,  in  the  city  of ;  I  occupy  room on  the floor. 

I,  therefore,  request  the  cancellation  of  my  registration  in  said 

precinct,  County,  Oregon. 

Elector. 

NOTE  :     If  unable   to   sign,   let   the   officer  write  his  name   and  so   state. 

We,  the  undersigned  witnesses,  do  swear  that  our  names  and  signa- 
tures are  genuine;  that  we  are  each  personally  acquainted  with  the 
elector  and  his  residence,  as  stated;  that  we  believe  all  his  other  state- 
ments are  true,  and  that  we  are  each  freeholders  in  this  county. 

Signatures.  Residence. 


Subscribed  and  sworn  to  by  the  elector  and  the  two  witnesses  before  me 
this day  of ,  19.... 

(Erase  one  title  to  suit.)  Justice  of  the  Peace  for District. 

Notary  Public  for  Oregon  (or  other  officer) . 

[L.  1899,  p.  122,  §  3;  L.  1901,  p.  366,  §23.] 


24  STATUTES   RELATING   TO   ELECTIONS. 


§  2863.     Clerk  of  County  Court  to  Act,  When. 

In  all  counties  in  this  State  which  have  no  county  clerk, 
the  clerk  of  the  county  court  shall  perform  all  the  duties 
required  by  this  chapter  to  be  done  or  performed  by  the  county 
clerks  in  the  other  counties,  and  he  shall  be  compensated  in 
the  same  manner.  [L.  1899,  p.  123,  §  4] 

The  above  section  as  enacted  provided  that  "in  Multnomah  County  and  in 
all  other  counties  in  the  State,"  etc.  In  view  of  the  act  abolishing  the  office 
of  clerk  of  the  county  court  and  re-creating  the  office  of  county  clerk  (sections 
2569-2571),  the  section  has  been  changed  to  read  as  above. 

§  2864.       Time  of  Registration. 

It  shall  be  the  duty  of  every  elector  in  the  State  of  Oregon, 
between  the  first  Monday  in  January,  1900,  and  5  o'clock  P.  M. 
of  the  fifteenth  day  of  May,  1900,  and  between  the  same  dates 
and  hours  biennially  thereafter,  to  register  v/ith  some  notary 
public  or  justice  of  the  peace,  or  with  the  county  clerk  of  the 
county  in  which  the  elector  resides,  in  accordance  with  this 
chapter.  [L.  1899,  p.  123,  §  5.] 

§  2865.     County  Clerk  Must  Enter  Elector's  Name. 

It  shall  be  the  duty  of  the  county  clerk  in  each  county, 
between  the  first  Monday  in  January,  1906,  and  5  o'clock  P.  M. 
of  the  fifteenth  day  of  May  1906,  and  between  the  same  dates 
and  hours  biennially  thereafter;  and  between  the  twentieth 
day  of  September,  1904,  and  5  o'clock  P.  M.  of  the 
twentieth  day  of  October,  1904,  and  between  the  same  dates 
in  each  and  every  year  thereafter  in  which  there  shall  be  an 
election  of  presidential  electors,  to  enter  upon  the  proper 
register  every  person  who  complies  with  the  requirements 
of  this  chapter  and  claims  to  be  an  elector  residing  in  the 
county.  If  the  clerk  refuses  to  enter  the  name  of  any  qualified 
elector,  such  elector  may  proceed  by  mandamus  to  compel 
him  to  do  so ;  provided,  that  the  county  clerk  shall  not  register 
any  elector  during  the  period  beginning  on  the  fifty-fourth 
day  and  ending  on  the  forty-first  day  immediately  preceding 
the  general  biennial  June  election;  and  provided  further,  that 
this  law  shall  not  operate  to  prevent  any  additional  registration 
of  voters  required  by  the  charters  or  ordinances  of  any  city 
or  town  within  the  provisions  of  section  6  of  this  law.  [L. 
1905,  p.  37,  §  39.] 

§  2866.     Manner  of  Registration. 

Every  elector  may  be  registered  without  charge  by  person- 
ally appearing  in  the  office  of  said  clerk  and  after  being  duly 
sworn,  stating  the  following  facts,  which  the  clerk  or  his 
deputy  shall  appropriately  enter  in  black  ink,  at  first  in  the 
general  county  register.  The  electors  shall  be  numbered 


STATUTES   RELATING   TO   ELECTIONS.  25 


consecutively  1,2, 3,  etc.,  in  each  precinct  as  they  are  registered 
in  the  general  county  register.  The  clerk  shall  inquire  of 
the  elector,  and  enter  the  following  information  in  the  general 
county  register,  in  the  division  set  off  for  the  precinct  in  which 
the  elector  resides,  to  wit:  (1)  the  registration  number  of 
the  elector;  (2)  the  date  of  registering  the  elector;  (3)  the 
full  name  of  the  elector; (4)  leave  a  blank  space  in  which  the 
judges  of  election  shall  enter  in  the  precinct  register  the  poll 
book  number  of  each  elector  when  he  has  voted;  (5)  the 
business  or  occupation  of  the  elector;  (6)  the  age  of  the 
elector  in  years;  (7)  the  country  of  nativity;  (8)  if  natura- 
lized, the  time,  place,  and  court  of  naturalization  or  declaration, 
as  evidenced  by  the  legal  proof  thereof,  exhibited  by  the 
elector;  (9)  the  postoffice  address  and  the  actual  and  precise 
place  of  residence  of  the  elector  at  the  time  of  his  registering, 
stating  first  the  precinct,  and,  if  in  the  country,  the  section, 
township  and  range;  and  in  cities  and  towns  having  streets, 
by  specifying  the  name  of  the  town  or  city,  the  street  or  other 
location  of  or  dwelling  place  of  the  elector,  with  the  number 
of  such  dwelling,  if  the  same  has  a  number;  if  not,  then  with 
such  description  of  the  place  that  it  can  readily  be  ascertained 
and  identified ;  if  the  elector  be  not  the  head  or  proprietor  of 
the  house,  then  it  must  show  that  fact,  and  upon  what  floor 
thereof,  and  what  room  such  elector  occupies  in  such  house; 
(10)  the  fact  whether  or  not  the  elector  desiring  to  be  regis- 
tered is  able  to  write  his  name  and  mark  his  ballot,  and  if  he 
can  not  do  both,  then  the  nature  of  such  disability  must  be 
entered;  (11)  the  elector  shall  then,  next  following  the  afore- 
administered  oath,  sign  his  name  in  the  presence  of  the  clerk, 
or  the  deputy  acting,  in  the  general  register  upon  the  same 
line  where  the  preceding  information  is  written,  and  the 
registering  officer  shall  then  sign  his  own  name  upon  the  said 
line,  and  add  any  remark  required  by  this  chapter  or  approp- 
riate thereto  for  the  information  of  the  judges  of  election.  If 
the  elector  is  registered  by  the  clerk  in  person,  he  shall  sign 
his  own  name  in  attestation  thereof,  and  if  the  elector  is 
registered  by  a  deputy,  then  in  addition  to  the  name  of  the 
clerk,  the  particular  deputy  actually  registering  the  elector 
shall  sign  his  name,  at  length,  in  attestation  thereof.  If  the 
elector  declares  he  is  unable  to  mark  his  ballot  or  sign  his 
name  he  shall  state  why,  and  the  clerk  shall  enter  upon  the 
register  the  reasons.  If  the  elector's  inability  to  sign  is 
apparent,  in  consequence  of  some  physical  infirmity,  such  as 
blindness  or  loss  of  limb,  incapacitating  the  elector  from 
writing,  he  shall  so  state  the  fact ;  but  if  the  disability  is  stated 
to  be  the  illiteracy  of  the  elector,the  clerk  shall,  in  addition  to 
stating  that  fact,  enter  as  full  a  description  of  the  physical 


26  STATUTES  RELATING  TO  ELECTIONS. 

peculiarities  of  the  elector  as  possible,  giving  his  height, 
approximate  weight,  complexion,  color  of  eyes,  and  any 
visible  marks  or  scars  and  their  location,  and  attest  the  same. 
It  shall  be  the  duty  of  the  county  clerk  in  each  county  on 
the  last  day  of  each  week  of  registration  to  send  to  the 
Secretary  of  State  by  mail  the  name  and  postoffice  address  of 
every  elector  registered  in  the  preceding  six  days.  [L.  1889, 
p.  124;  L.  1909,  p.  250.] 

§  2867.     Precinct  Registers — What  to   Contain. 

The  clerk  shall  then  enter  in  the  separate  precinct  register 
of  the  particular  precinct  in  which  the  elector  resides  every- 
thing entered  by  him  in  the  general  register.  He  shall  arrange 
tne  names  alphabetically,  according  to  surname,  in  the  separate 
precinct  register,  but  the  same  number  given  the  elector  in 
the  general  register  shall  be  given  him  in  the  separate  precinct 
register.  The  clerk  or  deputy  shall  then  require  the  elector  to 
sign  his  name,  and,  as  in  the  general  register,  he  shall 
attest  the  registration.  'The  separate  election  precinct  registers 
shall  contain  all  the  information  concerning  the  elector  con- 
tained in  the  general  or  county  register,  including  the  actual 
signature  of  the  elector,  if  able  sign,  and  the  clerk's,  or  his 
deputy's,  signature  attesting  such  registration.  [L.  1899,  p. 
125,  §  8.] 

§  2868.     Registration  Before  a  Notary. 

Every  elector  may  be  registered  by  personally  appearing  at 
the  clerk's  office  and  complying  with  the  provisions  of  sections 
2866  and  2867 ;  but,  if  said  elector  is  unable  for  any  reason  to 
conveniently  register  as  aforesaid,  he  may  register,  without 
charge,  before  a  notary  public  or  a  justice  of  the  peace  in  the 
county  in  which  he  resides  by  using  one  of  the  blanks  desig- 
nated as  blank  "A,"  in  section  2862,  and  filling  out  the  blank 
in  such  a  way  as  to  afford  all  the  information  which  he  ought 
otherwise  to  give  to  the  clerk  under  section  2866,  and  in 
addition  thereto  signing  the  same  three  times  in  the  presence 
of  two  witnesses,  freeholders  of  the  county,  who  shall  sign 
their  names  upon  the  same  blank,  and  by  the  elector  and 
witnesses  making  oath  thereto,  as  specified  in  said  blank  "A," 
which  shall  be  duly  certified  by  the  notary  public  or  justice 
of  the  peace  and  forthwith  filed  with  the  county  clerk  of  the 
county  in  which  the  elector  resides.  The  county  clerk  shall 
supply  such  registration  omcers,  upon  request,  with  a  sufficient 
number  of  said  blanks  "A"  and  "B"  free  of  charge.  Each 
justice  of  the  peace  or  notary  public  who  so  registers  electors 
shall  at  the  time  he  registers  them  enter  the  names,  arranged 
alphabetically,  according  to  surname,  and  the  date  of  registra- 


STATUTES   RELATING   TO   ELECTIONS.  27 


tion  and  the  precinct,  in  a  record  book  kept  by  him  for  that 
purpose.  He  shall  not  charge  the  elector  anything,  but  he 
shall  be  entitled  to  receive  from  the  county  the  sum  of  ten 
cents  for  each  elector  so  registered  by  him,  whose  affidavit 
has  been  duly  filed  with  the  county  clerk,  and  who  has  voted 
in  the  precinct  where  he  registered  at  the  next  ensuing  election. 
After  each  general  election,  the  county  commissioners  shall 
audit  such  bills  and  order  payment  to  be  made  in  accordance 
herewith.  [L.  1899,  p.  125,  §  9.] 

§  2869.     Absent  Elector  May  be  Registered  by  the  Clerk. 

Upon  receipt  of  said  written  application  or  affidavit  of  an 
elector  for  registration,  if  it  is  in  due  form  and  duly  certified, 
the  clerk  shall  forthwith  register  the  elector  in  the  proper 
precinct  in  the  general  register,  and  also  in  the  separate 
precinct  register,  in  the  same  manner  as  if  the  elector  had 
personally  appeared  in  the  clerk's  office.  The  clerk  shall  cut 
out  two  of  the  signatures  of  the  elector  in  said  written 
application  and  paste  them  in  the  registers  where  the  elector 
would  have  signed  if  he  had  applied  in  person,  and  file  and 
preserve  the  written  application  in  a  paged  file,  noting  upon 
the  proper  line  in  each  register  book  the  page  in  said  file 
where  said  written  application  is  filed.  The  clerk  or  deputy 
acting  shall  attest  each  such  registration  entered  by  him.  [L. 
1899,  p.  126,  §  10.] 

§  2813.     Ballot  Boxes,  How  Provided  and  Used. 

It  shall  be  the  duty  of  the  county  clerk  of  each  county  to 
provide  for  each  election  precinct  within  such  county,  one 
large  and  one  smaller  ballot  box  or  pouch,  the  larger  one  of 
which  shall  be  used  for  the  reception  of  all  general  ballots 
deposited,  and  the  smaller  one  for  all  ballots  cast  only  for 
state  or  district  officers.  Said  larger  boxes  or  pouches  shall 
be  marked  "General,"  and  the  smaller  "State  and  District/' 
respectively.  Each  of  such  ballot  boxes  shall  be  provided  with 
a  lid  fastened  with  hinges,  and  a  good  lock  and  key.  The  lid 
shall  form  the  top  of  the  box,  and  contain  an  opening  or  slot  five 
inches  long  and  one-quarter  of  an  inch  wide  for  the  reception 
of  ballots.  Each  of  such  ballot  pouches  shall  be  of  strong 
leather  and  provided  with  a  good  lock  and  key.  In  the  top 
of  each  of  such  ballot  pouches  there  shall  be  a  slot  five  inches 
long  and  one-quarter  of  an.  inch  wide  for  the  reception  of 
ballots.  All  ballots  cast  by  electors  entitled  to  vote  for  all 
the  officers  to  be  elected  at  the  general  election  shall  be  de- 
posited in  the  box  or  pouch  marked  "General";  all  ballots 
cast  by  electors  qualified  only  to  vote  for  state  or  state  and  dis- 
trict officers  shall  be  deposited  in  the  box  or  pouch  marked 
"State  and  District."  [L.  1909,  p.  259.] 


28  STATUTES   RELATING  TO   ELECTIONS. 


§  2870.     Manner  of  Proceeding  on  Change  of  Residence. 

Every  elector,  upon  changing  his  residence  after  registering, 
may,  within  the  time  for  registering,  cause  his  former  regis- 
tration to  be  canceled,  by  a  request  in  writing  to  the  clerk 
where  he  is  registered,  imparting  the  information  called  for 
in  Diank  "B,"  in  section  2862,  signing  his  name  to  it  in  the 
presence  of  two  freeholders,  who  will  sign  their  names, 
stating  their  places  of  residence;  and  by  the  said  elector  and 
witnesses  swearing  to  the  truthfulness  of  the  statement  before 
some  one  authorized  to  administer  oaths,  and  by  filing  the 
same  duly  certified  with  the  clerk  where  he  was  registered. 
The  clerk  shall  compare  the  signature  of  the  elector  with  his 
signatures  upon  the  registers,  and  if  satisfied  of  the  genuine- 
ness of  the  same  he  shall  file  his  communication,  and  page  the 
same,  and  then  in  each  of  the  registers  in  red  ink  draw  a  line 
through  the  elector's  name  and  write  "canceled/'  and  the 
number  of  the  page  where  the  blank  is  filed,  and  attest  the 
cancellation  by  signing  ms  own  name.  [L.  1899,  p.  126,  §  11.] 

§  2871.     Residence  and  Qualification  of  Elector. 

No  person  shall  register  who  is  not  a  quaiiried  elector  of  the 
precinct  in  which  he  registers  and  who  is  not  a  resident 
thereof,  or  register  in  a  name  other  than  his  true  name;  and 
nc  elector  shall  register  a  second  time  in  the  same  precinct,  or 
register  in  any  other  precinct  until  his  first  registration  has 
been  canceled,  as  provided  in  section  2870.  [L.  1899,  p.  127, 
§  12.] 

§  2872.     Registers  Closed— When. 

The  county  clerk  shall  close  all  books  of  registration  for 
the  period  of  fourteen  days  at  5  o'clock  P.  M.  on  the  fifty-fifth 
day  before  the  regular  general  election  in  1906  and  biennially 
thereafter,  by  writing  the  words  "Closed  for  fourteen  days," 
in  red  ink  on  the  line  next  below  the  last  elector  registered  in 
each  precinct  of  the  general  register.  He  shall  then  immed- 
iately in  the  indexed  pages  in  the  general  register,  opposite 
the  name  of  each  precinct,  in  writing,  certify  the  number  of 
electors  registered  in  each  precinct  for  each  party  subject  to 
the  provisions  of  the  primary  nominating  elections  law, 
sign  his  name  and  title  and  affix  the  seal  of  the  county  thereto, 
and  he  shall  immediately  send  to  the  Secretary  of  State,  by 
telegraph  if  necessary,  a  certified  copy  of  the  numbers  and 
totals  for  each  party  for  his  county;  he  shall  likewise  close 
the  books  of  the  precinct  registers,  and  certify  in  each  of  the 
precinct  registers  the  total  number  of  electors  registered  in 
each  precinct  for  each  of  the  parties  subject  to  the  primary 
nominating  elections  law,  and  not  canceled,  and  sign  the  same 


STATUTES   RELATING  TO   ELECTIONS.  29 


with  his  official  title  and  affix  the  seal  of  the  county  thereto. 
All  of  said  registers  shall  be  reopened  by  the  clerk  on  the 
fortieth  day  before  thhe  ensuing  general  election  in  June, 
1906,  and  biennially  thereafter,  and  remain  open  until  the 
fifteenth  day  of  May,  1906,  and  biennially  thereafter,  when 
they  shall  be  finally  closed  for  the  ensuing  election  in  the 
manner  above  provided.  [L.  1905,  p.  38,  §  41.] 

§  2873.     Registers  Are  Public  Records. 

The  said  registers  shall  all  be  public  records.  The  general 
register  of  the  county  shall  be  kept  in  the  office  of  the  county 
clerk,  as  other  public  records  are  kept.  Every  citizen  shall  be 
allowed  to  examine  the  county  general  register  and  each  of  the 
precinct  registers  while  they  are  in  the  custody  of  the  county 
clerk,  and  make  copies  or  extracts  therefrom  without  charge 
to  him.  The  several  precinct  registers  shall  be  sent  to  their 
respective  precincts,  together  with  a  suitable  supply  of  the  said 
registration  blank  "A,"  as  prescribed  by  section  2862,  all 
sealed,  the  same  as  other  stationery  and  supplies  are  now  for- 
warded to  the  judges  of  each  precinct.  [L.  1899,  p.  127,  §  14.] 

§  2874.     Registered  Elector  May  be  Challenged. 

Upon  the  day  of  election  the  judges  of  election,  as  soon  as 
an  elector  applying  to  vote  has  given  his  name  and  residence 
to  the  election  clerks,  shall  ask  the  elector  if  he  is  registered, 
and  also  examine  the  register.  Notwithstanding  the  elector 
is  registered,  his  right  to  vote  may  be  challenged  and  tried  at 
any  time  before  his  ballot  is  actually  deposited  in  the  ballot 
box.  If  he  appears  to  be  registered  and  is  challenged,  he  shall 
be  required  to  take  and  subscribe  to  the  oath  prescribed  in 
blank  "A,"  by  section  2862,  and  in  trying  the  challenge  the 
judges  shall  compare  his  signature  with  that  in  the  register 
and  consider  the  same  in  deciding  the  challenge,  and,  after 
noting  thereon  their  decision,  shall  file  the  same,  no  matter 
how  the  challenge  may  be  determined.  The  judges,  in  their 
discretion,  may  require  such  elector  to  produce  before  them 
as  many  freeholders  of  the  county  as  they  may  deem  necessary, 
not  exceeding  six  freeholders,  and  have  them  take  and  sub- 
scribe to  the  second  oath  as  specified  in  said  blank  "A"  of 
section  2862,  using  the  same  blank  signed  by  the  elector.  [L. 
1899,  p.  127,  §  15.] 

§  2875.  Elector  Considered  Challenged  When  Not  Registered. 
If  it  appears  the  elector  is  not  registered  in  the  precinct  in 
which  he  applies  to  vote,  the  elector  in  every  case,  as  of  course, 
shall  be  considered  challenged,  and  shall  be  required  to 
subscribe  and  swear  or  affirm  to  the  blank  "A,"  prescribed  by 
section  2862,  filled  out  according  to  the  facts,  and  in  addition 


30  STATUTES  RELATING  TO  ELECTIONS. 

thereto  he  shall  be  required  to  procure  six  freeholders  of  the 
county  to  take  and  subscribe  to  the  second  oath  as  specified  in 
said  blank  "A"  of  section  2862,  and  the  same  shall  be 
considered  by  the  judges  and  forthwith  decided;  and  after 
noting  thereon  with  ink  whether  the  elector  is  allowed  to  vote 
or  not,  and  if  allowed  to  vote,  the  poll  book  number  of  the 
elector,  they  shall  file  the  same.  Unles  the  elector  in  every 
such  case  so  establishes  his  right  to  vote  in  the  precinct,  and 
to  the  satisfaction  of  the  judges,  his  vote  shall  not  be  received. 
In  carrying  out  the  provisions  of  this  chapter  the  judges  of 
election,  or  either  of  them,  are  hereby  authorized  to  administer 
and  certify  oaths,  and  to  issue  subpoanas  to  require  the  attend- 
ance of  witnesses  before  them ;  provided,  that  in  carrying  out 
the  provisions  of  this  section  in  cities  having  a  population 
of  five  thousand  or  more,  as  shown  by  the  last  preceding 
Federal  census,  the  elector  offering  to  vote,  and  all  the  free- 
holders subscribing  to  the  affidavits  herein  required,  shall  take 
such  oath  before,  and  the  same  shall  be  administered  only  by 
the  judges  of  election,  or  either  of  them,  in  the  precinct  and 
at  the  time  the  elector  offers  to  vote,  and  such  affidavits 
shall  not  be  received  if  taken  or  made  at  any  other  time  or 
place  or  before  any  other  officer  than  one  of  said  judges  of 
election.  [L.  1905,  p.  259.] 

§  2876.     Precinct    Registers    and    Affidavits    Included    With 

Returns. 

The  precinct  r  egisters,  and  all  affidavits  filed,  shall  be 
returned  along  with  the  other  election  returns,  sealed,  and 
marked  on  the  cover  with  the  contents  and  the  name  of  the 
precinct,  to  the  county  clerk  of  the  county.  [L.  1899,  p.  128, 
§  17.] 

§  2877.     Penalty  for  Violation  of  Act  by  Officers. 

Any  county  clerk  or  clerk  of  the  county  court  of  any  county, 
or  any  deputy  of  either  of  such  officers,  or  any  judge  or  clerk 
of  election,  or  any  justice  of  the  peace  or  notary  public,  who 
shall  willfully  disregard  any  of  the  provisions  of  this  Chapter, 
or  who  shall  willfully  fail  to  perform  or  enforce  any  of  the 
provisions  of  this  chapter,  or  any  person  who  shall  willfully  or 
fraudulently  register  more  than  once,  or  register  under  any  but 
his  true  name,  or  attempt  to  vote  by  personating  another  who 
is  registered,  contrary  to  the  provisions  of  this  chapter,  or 
knowingly  registers  in  any  precinct  where  he  is  not  a  resident 
at  the  time  of  registering,  upon  conviction  shall  be  punished 
by  imprisonment  in  the  penitentiary  not  less  than  one  year 
nor  more  than  three  years,  or  by  fine  not  less  than  $100  nor 
more  than  $2,000,  or  by  both  such  fine  and  imprisonment. 


STATUTES   RELATING  TO   ELECTIONS.  31 


Any  person  who  shall  falsely  swear  to  any  affidavit  required 
by  this  chapter  sha.ll  be  deemed  guilty  of  perjury,  and  upon 
conviction  thereof  shall  be  punished  accordingly.  [L.  1899, 
p.  128,  §  18.] 

§  2878.  Electors  Must  Personally  Appear  to  Register,  When. 
All  electors  residing  in  the  town  or  incorporated  city  which 
is  the  county  seat,  and  where  the  county  clerk  or  the  clerk  of 
the  county  court  has  his  office,  shall  personally  appear  in  the 
clerk's  office  and  comply  with  the  provisions  of  this  chapter, 
in  order  to  register.  The  board  of  county  commissioners  shall 
furnish  the  county  clerk  or  clerk  of  the  county  court  all  neces- 
sary assistance  to  enable  him  to  carry  out  the  provisions  of 
this  chapter.  [L.  1899,  p.  129,  §  19.] 

§  2879.     Duty  to  Challenge  Voter,  When. 

It  shall  be  the  duty  of  each  clerk  or  elector  present  to 
challenge  any  person  offering  to  register  who  he  shall  know 
or  suspect  not  to  be  qualified  as  an  elector.  If  the  person  so 
challenged  shall  refuse  to  answer  fully  any  questions  touching 
his  qualifications  as  an  elector  which  shall  be  put  to  him  by 
the  registering  officer,  the  registering  officer  shall  refuse  to 
register  him.  The  qualifications  of  the  said  applicant  as 
an  elector  shall  be  determined  in  the  first  instance  by  the 
registering  officer  from  the  evidence  produced  before  him, 
and  if  he  finds  the  applicant  disqualified  to  vote  at  the  next 
election  he  shall  reject  the  application,  but  if  he  finds  him 
qualified  he  shall  register  him.  If  rejected,  the  name  and 
place  of  alleged  residence  of  each  applicant  for  registration, 
and  the  date  when  rejected,  shall  be  entered  in  a  separate 
list  for  each  precinct,  kept  by  the  registering  officer.  [L. 
1899,  p.  129,  §  20.] 


DIRECT  PRIMARY   NOMINATING    ELECTIONS  LAW. 


Laws    1905,    pp.    7-40. 
AN  ACT 

To  propose  by  initiative  petition  a  law  declaring  certain  rights  of  polit- 
ical parties  and  voluntary  political  organizations,  and  of  the  members 
and  candidates  thereof;  declaring  the  purposes  of  this  law  and  pre- 
scribing rules  for  the  construction  of  its  provisions;  denning  a 
political  party  subject  to  the  provisions  of  this  law;  providing  for 
holding  primary  nominating  elections  preceding  any  election  in 
this  State  (except  special  elections  to  fill  vacancies,  presidential 
elections,  municipal  elections  in  towns  or  cities  having  a  population 
of  less  than  two  thousand  inhabitants,  and  school  elections)  for  the 
purpose  of  nominating  all  the  candidates  by  all  political  parties 
subject  to  this  law  for  all  public  offices  to  be  filled  at  the  ensuing 
elections,  and  for  a  senator  in  Congress;  fixing  the  times  for  holding 
and  regulating  the  manner  of  conducting  such  primary  nominating 
elections;  prescribing  the  manner  of  choosing  candidates  for  nomina- 
tion by  the  several  political  parties  subject  to  the  provisions  of  this 
law,  and  for  making  nominations  at  said  primary  nominating  elections 
of  the  candidates  of  said  political  parties  for  election  to  public  office 
at  the  ensuing  election,  and  forbidding  the  nomination  of  candidates 
for  public  office  by  such  political  parties  in  any  other  manner; 
providing  for  printing  and  distributing  ballots  at  such  primary 
nominating  election  by  public  officers  at  public  expense,  prescrib- 
ing the  qualifications  of  petitioners,  electors,  and  of  candidates 
for  nomination  at  such  primary  nominating  elections;  prescribing 
forms  and  procedure  at  such  primary  nominating  elections,  and  in 
proceedings  relating  thereto  and  statements  to  be  made  by  candidates 
for  nomination  thereat;  prescribing  the  duties  of  public  officers 
in  relation  to  and  at  such  primary  nominating  elections;  providing 
for  the  nomination  by  political  parties  subject  to  this  law  of  their 
candidates  for  election  as  delegates  to  any  constitutional  conventions 
that  may  be  called  in  this  State;  providing  for  the  election  by  the 
several  political  parties  subject  to  this  law  of  their  central  com- 
mitteemen,  and  defining  their  duties  and  power  as  such  committeemen ; 
providing  for  the  prevention  and  correction,  under  certain  conditions, 
of  errors,  wrongs,  and  violations  of  the  provisions  of  this  law,  and 
remedies  therefor;  providing  for  the  prevention  of  frauds  and  the 
punishment  of  crimes  and  misdemeanors  committed  at  such  primary 
nominating  elections,  or  in  the  proceedings  relating  thereto;  providing 
penalties  and  punishment  for  the  violation  of  any  of  the  provisions 
of  this  law;  providing  for  contesting  nominations  made  at  such 
primary  nominating  elections;  applying  to  said  primary  nominating 
elections  so  far  as  the  same  are  not  in  conflict  with  the  provisions  of 
this  law,  and  as  the  same  may  be  modified  by  the  provisions  of 
this  law,  the  following  sections  of  the  General  Laws  of  Oregon  as 
the  same  are  numbered  in  Bellinger  and  Cotton's  Annotated  Codes 
and  Statutes  of  Oregon,  to-wit:  Sections  1900,  1901,  1902,  1903  1904, 
1905,  1906,  1907,  1908,  1909,  1910,  1911,  1912,  1975,  2764,  2766, 
2767,  2768,  2769,  2771,  2772,  2773,  2774,  2775,  2776,  2777, 
2778,  2779,  2780,  2781,  2782,  2783,  2784,  2785,  2786,  2787,  2788, 
2789,  2790,  2801,  2802,  2803,  2804,  2805,  2806,  2807,  2808,  2811, 
2812,  2813,  2814,  2815,  2816,  2817,  2819,  2820,  2821,  2822,  2823, 
2824,  2825,  2826,  2827  2828,  2829,  2830,  2831,  2837,  2841,  2843, 
2861,  2862,  2863,  2864,  2866,  2867,  2868,  2869,  2870,  2871,  2873, 
2874,  2875,  2876,  2877,  2878,  and  2879;  amending  Sections  2865 


34  STATUTES   RELATING   TO   ELECTIONS. 

and  2872  of  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of 
Oregon;  repealing  the  following  sections  of  the  General  Laws  of 
Oregon  as  the  same  are  numbered  in  Bellinger  and  Cotton's  Annotated 
Codes  and  Statutes  of  Oregon,  to  wit:  Sections  2880,  2881,  2882 
2883,  2884,  2885,  2886,  2887,  2888,  2889,  2891,  2892,  2893,  2894, 
2895,  2896,  2897,  2898,  2899,  2900,  2901,  2902,  2903,  2904,  2905, 
2906,  2907,  2908,  2909,  2910,  2913,  2914,  2915,  2916,  2917,  2918, 
2919,  2920,  and  section  2890  of  said  Bellinger  and  Cotton's  Annotated 
Codes  and  Statutes,  as  amended  by  an  act  entitled  "An  a'ct  to 
amend  Section  2890,  Title  XXVIII,  Chapter  X  of  Bellinger  and 
Cotton's  Annotated  Codes  and  Statutes  of  Oregon,  relating  to  hours 
of  election,"  approved  February  24,  1903,  and  published  on  page 
213  of  the  General  Laws  of  Oregon  of  the  legislative  assembly  of 
1903;  repealing  all  other  acts  and  parts  of  acts  in  conflict  with 
this  law,  or  any  part  thereof,  so  far  as  the  same  relate  to  primary 
elections,  primary  nominating  elections,  or  the  procedure  for  any 
such  elections  under  this  law. 

PREAMBLE. 

Under  our  form  of  government,  political  parties  are  useful 
and  necessary  at  the  present  time.  It  is  necessary  for  the  public 
welfare  and  safety  that  every  practical  guaranty  shall  be  pro- 
vided by  law  to  assure  the  people  generally,  as  well  as  the  mem- 
bers of  the  several  parties,  that  political  parties  shall  be  fairly, 
freely,  and  honestly  conducted,  in  appearance  as  well  as  in  fact. 
The  method  of  naming  candidates  for  elective  public  offices  by 
political  parties  and  voluntary  political  organizations  is  the 
best  plan  yet  found  for  placing  before  the  people  the  names  of 
qualified  and  worthy  citizens  from  whom  the  electors  may 
choose  the  officers  of  our  government.  The  government  of  our 
State  by  its  electors  and  the  government  of  a  political  party  by 
its  members  are  rightfully  based  on  the  same  general 
principles.  Every  political  party  and  every  voluntary  political 
organization  has  the  same  right  to  be  protected  from  the 
interference  of  persons  who  are  not  identified  with  it  as 
its  known  and  publicly  avowed  members,  that  the  govern- 
ment of  the  State  has  to  protect  itself  from  the  interference 
of  persons  who  are  not  known  and  registered  as  its  electors. 
It  is  as  great  a  wrong  to  the  people,  as  well  as  to  the  mem- 
bers of  a  political  party,  for  one  who  is  not  known  to  be  one 
of  its  members,  to  vote  or  take  any  part  at  any  election,  or 
other  proceedings  of  such  political  party,  as  it  is  for  one  who 
is  not  a  qualified  and  registered  elector  to  vote  at  any  State 
election  or  take  any  part  in  the  business  of  the  State.  Every 
political  party  and  voluntary  political  organization  is  right- 
fully entitled  to  the  sole  and  exclusive  use  of  every  word  of 
its  official  name.  The  people  of  the  State  and  the  members 
of  every  political  party  and  voluntary  political  organization  are 
rightfully  entitled  to  know  that  every  person  who  offers  to 
take  any  part  in  the  affairs  or  business  of  any  political  party 


STATUTES    RELATING   TO    ELECTIONS.  35 


or  voluntary  political  organization  in  the  State  is  in  good  faith 
a  member  of  such  party.  The  reason  for  the  law  which 
requires  a  secret  ballot  when  all  the  electors  choose  their 
officers,  equally  requires  a  secret  ballot  when  the  members  of 
a  party  choose  their  candidates  for  public  office.  It  is 
as  necessary  for  the  preservation  of  the  public  welfare  and 
safety  that  there  shall  be  a  free  and  fair  vote  and  an  honest 
count,  as  well  as  a  secret  ballot  at  primary  elections,  as  it  is 
that  there  shall  be  a  free  and  fair  vote  and  an  honest  count 
in  addition  to  the  secret  ballot  at  all  elections  of  public  officers. 
All  qualified  electors  who  wish  to  serve  the  people  in  an 
elective  public  office  are  rightfully  entitled  to  equal  opportun- 
ities under  the  law.  The  purpose  of  this  law  is  better  to 
secure  and  to  preserve  the  rights  of  political  parties  and  volun- 
tary political  organizations,  and  their  members  and  candidates, 
and  especially  of  the  rights  above  stated. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 
§  1.     Construction  of  Law. 

The  provisions  of  this  law  shall  at  all  times  be  construed  in 
such  manner  as  shall  make  it  operate  as  nearly  as  possible  in 
accordance  with  the  foregoing  statement  of  the  theory  on 
which  it  is  based.  Whenever  the  provisions  of  this  law  in 
operation  prove  to  be  of  doubtful  or  uncertain  meaning,  or 
not  sufficiently  explicit  in  directions  and  details,  the  general 
laws  of  Oregon,  and  especially  the  election  and  registration 
laws,  and  the  customs,  practice,  usage,  and  forms  thereunder, 
in  the  same  circumstances  or  under  like  conditions,  shall  be 
followed  in  the  construction  and  operation  of  this  law,  to  the 
end  that  the  protection  of  the  spirit  and  intention  of  said  laws 
shall  be  extended  so  far  as  possible  to  all  primary  elections, 
and  especially  to  all  primary  nominating  elections  provided  for 
by  this  law.  If  this  proposed  law  shall  be  approved  and  enacted 
by  the  people  of  Oregon,  the  title  of  this  bill  shall  stand  as  the 
title  of  the  law. 

§  2.     Time  for  Holding  Primary  Elections. 

On  the  forty-fifth  day  preceding  any  election  (except  special 
elections  to  fill  vacancies,  presidential  election,  municipal  elec- 
tions in  towns  and  cities  having  a  population  of  less  than  two 
thousand,  and  school  elections)  at  which  public  officers  in  this 
State  and  in  any  district  or  county,  and  in  any  city  having  a 
population  two  thousand  or  more  at  which  public  officers  are 
to  be  elected,  except  as  provided  in  Section  6  of  this  law  as  to 
time  in  certain  cities  and  towns,  a  primary  nominating  election 
shall  be  held  in  accordance  with  this  law  in  the  several  election 
precincts  comprised  within  the  territory  for  which  such  officers 
are  to  be  elected  at  the  ensuing  election,  which  shall  be  known 


36  STATUTES   RELATING   TO   ELECTIONS. 


as  the  primary  nominating  election,  for  the  purpose  of  choosing 
candidates  by  the  political  parties,  subject  to  the  provisions  of 
this  law,  for  senator  in  Congress,  and  all  other  elective  state, 
district,  county,  precinct,  city,  ward,  and  all  other  officers,  and 
delegates  to  any  constitutional  convention  or  conventions 
that  may  hereafter  be  called,  who  are  to  be  chosen  at  the 
ensuing  election  wholly  by  electors  within  this  State,  or  any 
subdivision  of  this  State,  and  also  for  choosing  and  electing 
county  central  committeemen  by  the  several  parties  subject 
to  the  provisions  of  this  law. 

§  3.     Election  Precincts  and  Polling  Places. 

The  election  precincts  provided  by  Section  2762,  and  the 
judges  and  clerks  and  the  polling  places  provided  by  Section 
2763,  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes 
of  Oregon,  shall  be  the  same  for  the  primary  nominating 
elections  provided  for  in  this  law,  and  it  shall  be  the  duty 
of  the  judges  and  clerks  so  provided  for  to  act  as  such  at 
all  primary  nominating  elections  herein  provided  for,  except 
as  otherwise  provided  by  Section  6  of  this  lawr.  In  all  election 
precincts  in  which  second  boards  of  judges  and  clerks  have 
been  or  may  be  appointed,  as  required  by  Section  2764  of 
Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of  Ore- 
gon, and  in  which  an  aggregate  of  more  than  one  hundred 
members  of  all  or  any  of  the  political  parties  subject  to  the 
provisions  of  this  law  are  registered  as  such  before  the  day 
of  the  primary  nominating  election,  the  said  second  board 
of  judges  and  clerks  shall  meet  at  7  o'clock  P.  M.  at  their 
respective  polling  places,  and  thereafter  the  boards  of  judges 
and  clerks  shall  proceed  at  the  primary  nominating  election 
as  required  by  said.  Section  2764  at  a  general  election. 

§  4.     Duty  of  County  Clerk — Notice  of  Primary  Elections. 

It  shall  be  the  duty  of  the  county  clerk,  thirty  days  before 
any  primary  nominating  election,  to  prepare  printed  notices 
of  such  election,  and  mail  two  of  said  notices  to  each  judge 
and  clerk  of  election  in  each  precinct ;  and  it  shall  be  the  duty 
of  the  several  judges  and  clerks  immediately  to  post  said 
notice  in  public  places  in  their  respective  precincts.  Said 
notices  shall  be  substantially  in  the  following  form: 

PRIMARY    NOMINATING    ELECTION    NOTICE. 

Notice  is  hereby  given  that  on ,  the day  of ,  19 ,  at 

the  ,  in  the  precinct  of ,  in  the  county  of ,  Oregon,  a 

primary  nominating  election  will  be  held  at  which  the  [insert  names  of 
political  parties  subject  to  this  law]  will  choose  their  candidates  for  state, 
district,  county,  precinct,  and  other  offices,  namely  [here  name  the  offices 
to  be  filled,  including  a  .Senator  in  Congress  when  the  next  Legislative 
Assembly  is  to  elect  a  Senator,  delegates  to  any  constitutional  convention 


STATUTES  RELATING  TO  ELECTIONS.  37 


then  called,  and  candidates  for  county  central  committeemen  to  be 
elected] ;  which  election  will  be  held  at  12  o'clock,  noon,  and  will  continue 
until  7  o'clock  in  the  afternoon  of  said  day. 

Dated  this day  of ,  19 — ,  County  Clerk. 

§  5.     Opening  and  Closing  Polls — Poll  Books. 

The  provisions  of  Sections  2764,  2766,  2767,  2768,  2769,  2771, 
2772,  2773,  2774,  2775,  2776,  2777,  2778,  2779,  2780, 
2781,  2782,  2783,  2784,  2785,  2786,  2787,  2788,  2789,  2790, 
Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of  Ore- 
gon, except  as  to  the  time  of  opening  the  polls  of  said  primary 
nominating  election,  which  shall  be  at  12  o'clock,  noon,  shall 
apply  to  and  are  hereby  made  applicable  to  primary  nominat- 
ing elections  under  the  provisions  of  this  law,  except  in  so 
far  as  they  may  be  modified  herein  or  be  in  conflict  herewith, 
and  each  poll  book  at  the  primary  nominating  election  shall 
have  a  column  headed  with  the  name  of  each  party  so  making 
its  nominations,  for  writing  in  the  voter's  party  number  as 
he  receives  his  ballot,  in  addition  to  his  general  number,  and 
provided  that  for  the  purposes  of  the  primary  nominating 
elections,  there  shall  be  added  to  the  form  of  oath  prescribed 
by  said  Section  2774,  the  words,  "and  that  you  are  in  good 
faith  a  member  of  the  political  party  with  which  you  are 
registered." 

§  6.     Application  of  Law  to  Cities  and  Towns. 

The  nomination  of  candidates  for  municipal  offices  by  the 
political  parties  subject  to  the  provisions  of  this  law  shall 
be  governed  by  this  law  in  all  incorporated  towns  and  cities 
of  this  State  having  a  population  of  two  thousand  and  up- 
ward, as  shown  by  the  last  preceding  national  or  state  census. 
All  petitions  by  the  members  of  such  political  parties  for 
placing  the  names  of  candidates  for  nomination  for  such 
municipal  offices  on  the  primary  nominating  ballots  of  the 
several  political  parties  shall  be  filed  with  the  city  clerk, 
recorder,  or  auditor,  as  the  case  may  be,  of  said  several  towns 
and  cities,  and  it  shall  be  the  duty  of  such  officers  to  prepare 
and  issue  notices  of  election  for  such  primary  nominating 
elections  in  like  manner  as  the  several  county  clerks  perform 
similar  duties  for  nominations  by  such  political  parties  for 
county  offices  at  primary  nominating  elections;  and  in  such 
towns  or  cities  holding  their  municipal  elections  at  the  same 
time  as  any  general  election,  it  shall  be  the  duty  of  said  city 
clerk,  recorder,  or  auditor,  as  the  case  may  be,  on  the  fifteenth 
day  before  the  time  of  holding  such  primary  nominating 
election,  to  prepare  and  certify  and  deliver  to  the  county  clerk 
of  the  county  in  which  said  city  or  town  is  situated,  a  list  of 
the  candidates  for  nomination  who  have  filed  valid  petitions 


38  STATUTES   RELATING  TO   ELECTIONS. 

for  nomination  at  such  primary  nominating  election,  and  all 
the  information  in  such  petitions  concerning  the  said  candi- 
dates  for  nomination  for  municipal  offices ;  whereupon  it  shall 
be  the  duty  of  said  county  clerk  to  arrange  in  the  manner 
provided  by  this  law  the  names  and  information  concerning 
all  the  candidates  for  such  nomination  for  city  offices '  con- 
tained in  the  certificate  of  said  city  clerk,  recorder,  or  auditor ; 
to  certify  and  post  the  same  in  his  office,  and  to  cause  the 
same  to  be  printed  upon  the  sample  ballots  and  upon  the 
official  ballots  of  the  several  political  parties  to  be  used  at 
the  several  polling  places  within  the  limits  of  every  such  city 
or  town,  together  with  the  names  of  the  candidates  for  state, 
county,  and  district  offices  at  such  primary  nominating  elec- 
tion, as  required  by  this  law,  and  conform  to  the  general 
provisions  of  this  law  as  nearly  as  may  be;  and  in  cities  and 
towns  containing  a  population  of  two  thousand  and  upward 
not  holding  their  municipal  elections  at  the  same  time  the 
general  elections  are  held,  the  duties  imposed  by  this  lav/ 
on  the  county  clerk  at  primary  nominating  elections  are  here- 
by, as  to  all  said  last  described  towns  and  cities,  designated 
to  be  the  duties  of  the  city  clerk,  recorder,  or  auditor,  as  the 
case  may  be,  of  said  towns  and  cities  as  to  primary  nominating" 
elections  of  the  political  parties  subject  to  the  provisions  of 
this  law;  provided,  that  in  such  last  named  cities  and  towns 
the  primary  nominating  election  shall  be  held  on  the  thirtieth 
day  preceding  their  municipal  elections.  Under  the  provisions 
of  this  law  the  lawfully  constituted  legislative  and  executive 
authorities  of  cities  and  towns  within  the  provisions  of  this 
section  not  holding  their  municipal  elections  at  the  same  time 
the  general  elections  are  held,  shall  have  such  power  and 
authority  over  the  establishment  of  municipal  voting  precincts 
and  wards,  municipal  boards  of  judges  and  clerks  of  election 
and  other  officers  of  their  said  municipal  elections,  and  other 
matters  pertaining  to  municipal  primary  nominating  elections 
required  for  such  cities  and  towns  by  this  law,  that  such  legis- 
lative and  executive  authorities  have  over  the  same  matters 
at  their  municipal  elections  for  choosing  the  public  officers 
of  said  cities  and  towns;  and  provided  further,  that  nothing 
in  this  act  contained  shall  be  construed  as  altering  or  repeal- 
ing any  provision  of  the  charter  of  any  such  last  described 
city  or  town  providing  for  the  appointment  of  judges  and 
clerks  of  election  by  the  council  or  other  lawfully  constituted 
authority  of  such  city  or  town,  or  as  altering  or  repealing 
any  of  the  provisions  of  Title  XXVII  of  Bellinger  and  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon  providing  for  the 
appointment  of  judges  and  clerks  of  election  in  towns  and 
cities  organized  under  the  provisions  of  said  Title  XXVII. 


STATUTES   RELATING   TO    ELECTIONS.  39 


§  7.     Counting  of  Ballots. 

Immediately  after  the  closing  of  the  polls  at  a  primary 
nominating  election  the  names  of  the  electors  of  each  political 
party  who  voted  at  said  primary  nominating  election  shall  be 
counted,  and  the  number  so  voting  for  each  political  party 
written  and  certified  in  each  of  the  poll  books  at  the  end  of 
the  list,  and  the  same  shall  be  immediately  signed  by  the 
chairman  and  each  of  the  judges  and  clerks  in  the  manner 
provided  by  Section  2782  of  Bellinger  and  Cotton's  Annotated 
Codes  and  Statutes  of  Oregon  for  a  general  election,  and  im- 
mediately thereafter  the  clerks  and  judges  of  election  shall 
open  the  ballot  boxes  at  each  polling  place  and  proceed  to  take 
therefrom  the  ballots.  Said  officers  shall  count  the  number 
of  ballots  cast  by  each  political  party,  at  the  same  time  bunch- 
ing the  tickets  cast  for  each  political  party  together  in  separate 
piles,  and  shall  then  fasten  each  pile  separately  by  means  of 
a  brass  clip,  or  may  use  any  means  which  shall  effectually 
fasten  each  pile  together  at  the  top  of  each  ticket.  As  soon 
as  the  clerks  and  judges  have  sorted  and  fastened  together 
the  ballots  separately  for  each  political  party,  then  they  shall 
take  the  tally  sheets  provided  by  the  county  clerk  and  shall 
count-  all  the  ballots  for  each  political  party  separately  until 
the  count  is  completed,  and  shall  certify  to  the  number  of 
votes  for  each  candidate  for  nomination  for  each  office  upon 
the  ticket  of  each  party.  They  shall  then  place  the  counted 
ballots  in  the  box.  After  all  have  been  counted  and  certified 
to  by  the  clerks  and  judges  they  shall  seal  the  returns  for 
each  of  said  political  parties  in  separate  envelopes,  to  be 
returned  to  the  county  clerk. 

§  8.     Construction  of  Law. 

In  construing  the  provisions  of  this  law,  and  of  all  sections 
of  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of 
Oregon,  hereby  made  applicable  to  primary  nominating  elec- 
tions they  shall,  as  to  the  duties  of  officers,  forms,  blanks,  bal- 
lots, elections,  and  all  other  matters  so  far  as  may  be,  be  under- 
stood and  interpreted  as  though  said  primary  nominating  elec- 
tion is  a  separate  election  for  each  political  party  making  its 
nominations  hereunder,  and  to  be  conducted  as  to  that  party  as 
nearly  as  practicable  the  same  as  the  regular  biennial  general 
elections  in  June  are  conducted  for  all  the  electors,  except  in 
so  far  as  the  manner  of  proceeding  at  said  June  election  may 
be  modified  or  changed  by  this  law  for  the  purpose  of  said 
primary  nominating  election.  The  provisions  of  this  law  do 
not  modify  or  in  any  manner  control  the  proceedings  at  the 
regular  biennial  general  elections,  except  in  so  far  as  they 
may  be  herein  expressly  and  directly  amended. 


40 


STATUTES   RELATING   TO   ELECTIONS. 


§  9.     Form  of  Tally  Sheets — Canvas  of  Votes. 

Tally  sheets  for  each  Dolitical  party  having  candidates  to 
be  voted  for  at  said  primary  nominating  election  shall  be 
furnished  for  each  voting  precinct  by  the  county  clerk,  at  the 
same  time  and  in  the  same  manner  that  the  ballots  are 
furnished,  and  shall  be  substantially  as  follows: 

"Tally  sheet  of  the  primary  nominating  election  for 

[name  of  political  party]  held  at precinct,  in  the  county 

of ,  on  the day  of ,   19 ." 

The  names  of  the  candidates  shall  be  placed  on  the  tally 
sheets  and  numbered  in  the  order  in  which  they  appear  on 
the  official  and  sample  ballots,  and  in  each  case  shall  have 
the  proper  political  party  designated  at  the  head  thereof. 

The  following  shall  be  the  form  of  the  tally  sheets  kept 
by  the  judges  and  clerks  of  the  primary  nominating  election 
under  this  law,  containing  the  number  and  name  of  each  person 
voted  for,  the  particular  office  for  nomination  to  which  each 
person  was  voted  for,  the  total  number  of  votes  cast  for  each 
candidate  for  nomination.  The  tally  or  count  as  it  is  kept  by 
each  of  the  clerks  shall  be  audibly  announced  as  it  proceeds, 
and  shall  be  kept  in  the  manner  and  form  as  follows : 


No. 

Name  of 
candidate 

Office 

Total  vote 
received 

No. 

Tally  5        No. 

Tally  10       No. 

Tally  15 

1? 

IV 

12 

13 

18 

IS 

13 

18 

14 

14 

11 

14 

i 

The  columns  for  the  numbers  12,  13,  14,  etc.,  shall  not  be 
over  three-eighths  of  an  inch  wide.  The  columns  for  the  tallies 
shall  be  three-eighths  of  an  inch  wide,  the  lines  shall  be  three- 
eighths  of  an  inch  apart;  every  ten  lines  the  captions  of  the 
columns  shall  be  reprinted  between  double-ruled  lines  in  bold- 
faced small  pica,  and  all  the  figures  shall  be  printed  in 
bold-faced  small  pica.  The  tally  sheets  shall  conclude  with 
the  following  form  of  certificate : 

We  hereby  certify  that  at  the  above  primary  nominating  election  and 
polling  place  each  of  the  foregoing  named  persons  received  the  number  of 
votes  set  opposite  his  name,  as  above  set  forth,  for  the  nomination  for  the 
office  specified. 


Chairman. 
-,  Judge. 
-,  Judge. 


,  Clerk. 

(Who    kept    this  sheet.) 

,  Clerk. 

^-,  Clerk. 

(Who    kept    the    other  sheet.) 


STATUTES   RELATING   TO   ELECTIONS.  41 

During  the  counting  of  the  ballots  each  clerk  shall,  with 
pen  and  ink,  keep  tally  upon  one  of  the  above  tally  sheets,  of 
each  political  party,  and  shall  total  the  number  of  tallies  and 
write  the  total  in  ink  immediately  to  the  right  of  the  last 
tallies  for  each  candidate,  and  also  in  the  columns  headed 
"total  vote,"  and  shall  prepare  the  certificate  thereto  above 
indicated ;  and  immediately  upon  the  completion  of  the  count, 
all  the  clerks  shall  sign  the  tally  sheets,  and  each  of  them 
shall  certify  which  sheets  were  kept  by  him;  and  the  chair- 
man and  the  judges,  being  satisfied  of  the  correctness  of 
the  same,  shall  then  sign  all  of  said  tally  sheets.  The  clerks 
shall  then  prepare  a  statement  of  that  portion  of  the  tally 
sheets  showing  the  number  and  name  and  political  party  of 
each  candidate  for  nomination  and  the  office  and  total  votes 
received  by  each  in  the  precinct,  and  shall  prepare  the  certifi- 
cate thereto,  which  statement  shall  be  signed  by  the  judges  and 
clerks  to  [who]  complete  the  count,  and  shall  be  immediately 
posted  in  a  conspicuous  place  on  the  outside  of  said  polls,  there 
to  remain  for  ten  days.  When  two  boards  of  judges  and  clerks 
participate  in  the  counting  of  the  ballots,  each  board  shall 
keep  and  certify  its  own  separate  tally  sheets.  When  one  board 
is  relieved  by  the  other  board,  the  retiring  board  shall,  before 
adjourning,  total  up  the  tallies  representing  the  ballots  so 
far  counted  for  each  candidate  for  nomination,  and  a  memo- 
randum of  the  total  vote  received  by  each  candidate  shall 
be  noted  on  the  tally  sheet  in  ink  immediately  above  the  last 
tallies  for  each  candidate,  all  done  in  ink,  but  in  such  manner 
as  not  to  render  the  tally  sheet  unfit  for  continuing  the 
count  upon  the  reconvening  of  the  board.  During  the  recess 
the  chairman  and  second  judge  of  the  board  shall  each  have 
the  custody  of  one  set  of  the  tally  sheets,  and  the  third  set  of 
sheets  shall  be  deposited  in  the  ballot  box,  all  the  third  set  of 
sheets  being  kept  sealed  under  the  official  seal  of  the  board 
until  the  board  reconvenes.  When  it  is  seen  which  board 
will  have  to  complete  the  count,  the  outgoing  board  shall 
complete  the  additions  and  certifications  upon  its  tally  sheets, 
and  deliver  two  sets  of  its  tally  sheets  to  the  chairman  of 
the  board  which  is  to  complete  the  count  of  the  ballot.  The 
third  set  of  tally  sheets  shall  be  sealed  under  the  official  seal 
of  the  board,  indorsed  on  the  outside  to  identify  it  and  retained 
by  the  chairman  of  the  board  which  made  and  certified  it, 
to  be  kept  by  him  safely,  subject  to  the  control  of  the  proper 
court. 

§  10.     Poll  Books  and  Tally  Sheets  to  be  Sealed  and  Returned. 
Immediately  after  canvassing  the  votes  in  the  manner  afore- 
said, the  judges  and  clerks  to  [who]  complete  the  count,  before 
they  separate  or  adjourn  shall  inclose  the  poll  books  in  separate 


42  STATUTES   RELATING  TO   ELECTIONS. 

covers  and  securely  seal  the  same.  They  shall  also  inclose 
the  tally  sheets  in  separate  envelopes  and  seal  the  same 
securely.  They  shall  also  envelope  all  the  ballots  fastened 
together,  as  aforesaid,  and  seal  the  same  securely;  and 
they  shall  in  writing,  with  pen  and  ink,  specify  the 
contents,  and  address  each  of  said  packages  upon  the 
outside  thereof  to  the  county  clerk  of  the  county  in  which 
the  election  precinct  is  situated.  When  two  boards  participate 
in  counting  the  ballots  each  board,  before  taking  its  recess, 
shall  plainly  mark  and  identify  the  last  ballot  which  it  has 
counted  and  seal  the  same  under  the  official  seal  of  the  board 
upon  the  back  of  the  said  uppermost  ballot.  They  shall 
then  string  the  loose  ends  of  the  counted  ballots  and  tie  the 
same  tightly  and  seal  the  knot  and  string  over  the  loose  end 
of  the  ballots  with  their  official  seal  in  such  manner  that 
it  will  show  if  broken,  and  leave  the  same  with  the  ballot 
boxes  until  the  count  is  completed.  These  sealed  packages  of 
counted  ballots  shall  be  marked  on  the  outside,  showing  what 
numbers  are  contained  therein,  but  once  sealed  they  are  not 
to  be  opened  by  any  one  until  so  ordered  by  the  proper  court. 
When  the  count  is  completed,  the  ballots  counted  and  sealed, 
and  enveloped  and  marked  for  identification  as  aforesaid, 
shall  be  packed  in  the  two  ballot  boxes,  and  nothing  else 
shall  be  put  into  the  boxes.  The  boxes  shall  then  be  locked, 
and  the  official  seal  of  the  board  which  finally  completed  the 
count  shall  be  pasted  over  the  keyhole  and  over  the  rim  of 
the  lid  of  the  box,  so  that  the  box  can  not  be  opened  without 
breaking  the  seal.  Thereafter  neither  the  county  clerk  nor 
the  canvassers  making  abstracts  of  the  votes  shall  break 
the  said  seals  upon  the  ballot  boxes,  nor  shall  anyone  break 
the  seals  on  the  boxes  or  the  ballots,  except  upon  the  order 
of  the  proper  court  in  case  of  contest,  or  upon  the  order  of  the 
county  court  when  the  boxes  are  needed  for  the  ensuing 
election. 

§  11.     Political  Party  Defined. 

A  political  party,  within  the  meaning  of  this  act,  is  an 
affiliation  of  electors  representing  a  political  party  or  organ- 
ization, which,  at  the  next  general  election  preceding,  polled 
for  its  candidate  for  Representative  in  Congress  at  least 
twenty-five  per  cent  of  the  entire  vote  cast  for  that  office  in 
the  State.  Every  such  political  party  shall  nominate  all  its 
candidates  for  public  office  under  the  provisions  of  this  law, 
and  not  in  any  other  manner;  and  it  shall  not  be  allowed  to 
nominate  any  candidate  in  the  manner  provided  by  Section 
2791  of  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes 
of  Oregon.  Every  political  party,  and  its  regularly  nominated 
candidates,  members,  and  officers,  shall  have  the  sole  and 
exclusive  right  to  the  use  of  the  party  name  and  the  whole 


STATUTES   RELATING   TO   ELECTIONS.  43 


thereof,  and  no  candidate  for  office  shall  be  permitted  to  use 
any  word  of  the  name  of  any  other  political  party  or  organiza- 
tion than  of  that  by  which  he  is  nominated.  No  independent 
or  non-partisan  candidate  shall  be  permitted  to  use  any  word 
of  the  name  of  any  existing  political  party  or  organization 
in  his  candidacy.  The  names  of  candidates  for  public  office 
nominated  under  the  provisions  of  this  law  shall  be  printed 
on  the  official  ballots  for  the  ensuing  election  as  the  only  candi- 
dates of  the  respective  political  parties  for  such  public  office 
in  like  manner  as  the  names  of  the  candidates  nominated  by 
other  methods  are  required  to  be  printed  on  such  official  bal- 
lots ;  and  the  provisions  of  Sections  2805  and  2806  of  Bellinger 
and  Cotton's  Annotated  Codes  and  Statutes  of  Oregon  shall 
apply  to  and  are  hereby  made  applicable  to  nominations  for 
public  office  made  under  this  law,  so  far  as  the  same  are  not 
in  conflict  with  the  provisions  of  this  law. 

§  12.  Petitions  for  Nomination  to  be  Filed. 

Before  or  at  the  time  of  beginning  to  circulate  any  petition 
for  nomination  to  any  office  under  this  law,  the  person  who  is  to 
be  a  candidate  for  such  nomination  shall  send  by  registered 
mail,  or  otherwise,  to  the  Secretary  of  State,  or  the  county 
clerk  or  city  clerk,  recorder,  or  auditor,  as  the  case  may  be, 
a  copy  of  his  petition  for  nomination,  signed  by  himself;  and 
such  copy  shall  be  filed  and  shall  be  conclusive  evidence  for 
the  purposes  of  this  law  that  said  elector  has  been  a  candidate 
for  nomination  by  his  party.  All  nominating  petitions  and 
notices  pertaining  to  state  or  district  offices  to  be  voted  for 
in  more  than  one  county,  and  for  judges  of  the  circuit  court 
and  district  attorneys,  shall  be  filed  in  the  office  of  the  Secre- 
tary of  State ;  for  county  offices  and  district  offices  to  be  voted 
for  in  one  county  only,  shall  be  filed  with  the  county  clerk ;  and 
for  all  city  offices,  in  the  office  of  the  city  clerk,  recorder,  or 
auditor,  as  the  case  may  be. 

§  13.     Form  of  Petition  for  Nomination. 

Any  qualified  elector  who  has  filed  his  petition,  and  is 
registered  as  herein  required  as  a  member  of  a  political  party 
subject  to  the  provisions  of  this  act,  shall  have  his  name  printed 
on  the  official  nominating  ballot  of  his  party  as  a  candidate  for 
nomination  for  any  office  at  any  primary  nominating  election 
held  under  the  provisions  of  this  act,  if  there  shall  be  filed 
in  his  behalf  a  petition  signed  as  herein  required,  and  sub- 
stantially in  the  following  form: 

To [address  of  the  officer  with  whom  the  petition  is  to  be 

filed],  and  to  the  members  of  the party  and  the  electors  of 

(state),  (counties  of, ,  comprising  the district), 

(county),   (city),   (as  the  case  may  be),  in  the  State  of  Oregon — 

I,  ,  reside  at ..,  and  my  postoffice  address  is 

.....   I  am  a  duly  registered  member  of  the party.   If  I 


44  STATUTES  RELATING  TO  ELECTIONS. 

am  nominated  for  the  office  of ,  at  the  primary  nominating  elec- 
tion to  be  held  in  the  (State  of  Oregon),  (district),  (county),  (city),  the 

day  of ,  19 ,  I  will  accept  the  nomination  and  will 

not  withdraw,  and  if  I  am  elected  I  will  qualify  as   such  officer. 

If  I  am  nominated  and  elected  I  will,  during  my  term  of  office  [here  the 
candidate,  in  not  exceeding  one  hundred  words,  may  state  any  measures 
or  principles  he  especially  advocates,  and  the  form  in  which  he  wishes  it 
printed  after  his  name  on  the  nominating  ballot,  in  not  exceeding  twelve 
words]. 

In  case  of  an  elector  seeking  nomination  for  the  office  of 
Senator  or  Representative  in  the  Legislative  Assembly,  he 
may  include  one  of  the  following  two  statements  in  his  petition ; 
but  if  he  does  not  do  so,  the  Secretary  of  State  or  county 
clerk  ,  as  the  case  may  be,  shall  not  on  that  account  refuse 
to  file  his  petition: 

STATEMENT    NO.    1. 

I  further  state  to  the  people  of  Oregon,  as  well  as  to  the  people  of  my 
legislative  district,  that  during  my  term  of  office  I  will  always  vote  for 
that  candidate  for  United  States  Senator  in  Congress  who  has  received  the 
highest  number  of  the  people's  votes  for  that  position  at  the  general 
election  next  preceding  the  election  of  a  Senator  in  Congress,  without 

regard  to  my  individual  preference.  . 

(Signature  of  the  candidate  for  nomination.) 

If  the  candidate  shall  be  unwilling  to  sign  the  above  state- 
ment, then  he  may  sign  the  following  statement  as  a  part 
of  his  petition: 

STATEMENT  NO.  2. 

During  my  term  of  office  I  shall  consider  the  vote  of  the  people  for 
United  States  Senator  in  Congress  as  nothing  more  than  a  recommenda- 
tion, which  I  shall  be  at  liberty  to  wholly  disregard,  if  the  reason  for  doing 

so  seems  to  me  to  be  sufficient.  . 

(Signature  of  the  candidate  for  nomination.) 

Every  such  petition  shall  be  signed  as  above  by  the  elector 
seeking  such  nomination.  There  shall  be  a  separate  leaf  or 
sheet  signed  as  above  on  every  such  petition  for  each  precinct 
in  which  it  is  circulated.  After  the  above,  and  on  a  separate 
sheet  or  sheets,  shall  be  the  following  petition : 

To (Secretary  of  State  for  Oregon),  or  (to , 

the  county  clerk  for  the  county  of ,  Oregon),  or    (to 

,  city  clerk  of  the  city  of ),  (as  the  case  may  be)  : 

We,  the  undersigned  registered  members  of  the party  and 

qualified  electors  and  residents  of precinct,  in  the  county  of 

,  State  of  Oregon,  respectfully  request  that  you  will  cause 

to  be  printed  on  the  official  nominating  ballot  for  the party, 

at  the  aforesaid  primary  nominating  election,   the  name  of  the  above 

signed [name  of  applicant],  as  a  candidate  for  nomination 

to  the  office  of [title  of  office]   by  said party. 


Name  Postoffice  address 


Street  and  number,  if  any 


Precinct 


STATUTES   RELATING   TO   ELECTIONS.  45 


Each  and  every  leaf  or  sheet  of  said  petition  containing 
signatures  shall  be  verified  in  substantially  the  following  form 
by  one  or  more  of  the  signers  of  said  petition : 

STATE  OF  OREGON,  ] 

ss. 
County  of J 

I,  ,  being  first  duly  sworn,  say:    I  am  personally 

acquainted  with  all  the  persons  who  have  signed  this  sheet  of  the  fore- 
going petition,  and  I  personally  know  that  their  signatures  thereon  are 
genuine;  and  I  believe  that  their  postoffice  address  and  residence  are 
correctly  stated,  and  tnat  they  are  qualified  electors  and  registered  mem- 
bers of  the party.  . 

( Signature    of    affiant. ) 

Subscribed  and  sworn  to  before  me  this day  of ,  19 


(Signature  and  title  of  officer  before  whom  oath  is  made.) 

§  14.     Percentage  of  Electors  Required  on  Petition. 

The  vote  cast  by  a  political  party  in  each  voting  precinct 
for  Representative  in  Congress  at  the  last  preceding  general 
election  shall  be  the  basis  on  which  the  percentage  for  petitions 
shall  be  counted;  provided,  that  if  any  political  party  cast 
twenty-five  per  cent  of  the  total  votes  in  the  State  for  Rep- 
resentative in  Congress,  although  less  than  the  required 
percentage  in  any  one  or  more  electoral  districts,  county, 
municipality,  or  precinct,  it  shall  nevertheless  be  subject 
to  the  provisions  of  this  law  in  making  nominations  in  such 
electoral  districts,  county,  municipality,  and  precinct.  If  the 
nomination  is  for  a  municipal  office,  or  for  an  office  to  be 
voted  for  in  only  one  county,  the  necessary  number  of  signers 
shall  include  electors  residing  in  at  least  one  fifth  of  the  voting 
precincts  of  the  county,  municipality  or  district;  if  it  be  a 
State  or  district  office,  and  the  district  comprises  more  than 
one  county,  the  necessary  number  of  signers  shall  include 
electors  residing  in  each  of  at  least  one-eighth  of  the  precincts 
in  each  of  at  least  two  counties  in  the  district ;  if  it  be  an  office 
to  be  voted  for  in  the  State  at  large,  the  necessary  number  of 
signers  shall  include  electors  residing  in  each  of  at  least  one 
tenth  of  the  precincts  in  each  of  at  least  seven  counties 
of  the  State;  if  it  be  an  office  to  be  voted  for  in  a  con- 
gressional district,  the  necessary  number  of  signers  shall  in- 
clude electors  residing  in  at  least  one-tenth  of  the  precincts 
in  each  of  at  least  one-fourth  of  the  counties  in  such  district. 
The  number  of  signers  required  on  every  such  petition  shall 
be  at  least  two  per  cent  of  the  party  vote  in  the  electoral 
district  as  above  stated;  provided,  that  the  whole  number  of 
signers  required  on  a  nominating  petition  under  the  provisions 
of  this  law  for  any  office  to  be  voted  for  in  the  State  at  large,  or 
in  a  congressional  district,  shall  not  exceed  one  thousand,  nor 


46  STATUTES  RELATING  TO   ELECTIONS. 

• 

in  any  other  case  shall  the  whole  number  required  exceed 
five  hundred  signers.  All  the  leaves  or  sheets  making  one 
petition  shall  be  fastened  together  before  they  are  forwarded 
to  the  proper  officers  for  filing.  There  shall  not  be  in  any 
petition  the  name  of  more  than  one  candidate  for  nomination. 
Any  elector  may  sign  more  than  one  nominating  petition  re- 
quired by  this  law  for  the  same  office  It  shall  be  unlawful 
for  any  person  to  sign  another  person's  name  to  any  petition 
required  by  this  law.  It  shall  be  unlawful  for  any  person  to 
sign  any  nominating  petition  required  by  this  law  unless  he  is  a 
qualified  elector  and  at  the  time  of  signing  has  registered  for 
the  ensuing  election  as  a  member  of  the  political  party  repre- 
sented by  the  petition.  Any  names  or  signatures  placed  on 
any  petition  in  violation  of  the  provisions  of  this  law  shall 
not  be  counted  in  computing  the  number  of  signers  necessary 
to  make  the  same  a  valid  and  effective  petition. 

§  15.     Qualifications  of  Petitioners. 

No  person  who  is  not  a  qualified  elector  and  a  registered 
member  of  a  party  making  its  nominations  under  the  provisions 
of  this  law  shall  be  qualified  to  join  in  signing  any  petition 
for  nomination,  or  to  vote  at  said  primary  nominating 
election;  and  no  person  shall  be  qualified  to  sign  any  nom- 
inating petition  of  any  other  political  party  for  the  primary 
nominating  election  than  that  with  which  he  is  registered 
as  a  member.  But  this  shall  not  be  construed  to  prevent  any 
registered  member  of  any  party  from  signing  a  petition  for 
the  nomination  of  any  independent  or  nonpartisan  candidate 
after  the  primary  nominating  election,  nor  shall  it  be  construed 
to  prevent  any  qualified  elector  from  signing  petitions  for 
more  than  one  candidate  for  the  same  office  on  one  party  ticket. 

§  16.     Time   for  Filing  Petitions   for  Nominations. 

All  petitions  for  nomination  under  this  act  for  offices  to  be 
filled  by  the  State  at  large,  or  by  any  district  consisting  of 
more  than  one  county,  and  nominating  petitions  for  judges  of 
circuit  courts  and  for  district  attorneys  in  districts  consisting 
of  a  single  county,  shall  be  filed  in  the  office  of  the  Secretary 
of  State  not  less  than  twenty  days  before  the  date  of  the 
primary  nominating  election ;  and  for  other  offices  to  be  voted 
for  in  only  one  county,  or  district  or  city,  every  such  petition 
shall  be  filed  with  the  county  clerk  or  city  clerk,  recorder,  or 
auditor,  as  the  case  may  be,  not  less  than  fifteen  days  before 
the  date  of  the  primary  nominating  election. 

§  17.     "Register  of  Candidates." 

The  county  clerk,  Secretary  of  State,  and  the  city  clerk, 
recorder  or  auditor  of  towns  and  cities  having  two  thousand 
inhabitants  or  more,  shall  keep  a  book  entitled  "Register  of 


STATUTES   RELATING   TO    ELECTIONS.  47 


Candidates  for  Nomination  at  the  Primary  Nominating 
Election,"  and  he  shall  enter  therein,  on  different  pages  of 
the  book  for  the  different  political  parties  subject  to  the 
provisions  of  this  law,  the  title  of  the  office  sought  and  the 
name  and  residence  of  each  candidate  for  nomination  at  the 
primary  nominating  election;  the  name  of  his  political  party; 
the  date  of  receiving  the  first  copy  of  his  petition  signed  by 
the  candidate;  the  words  he  wishes  printed  after  his  name  on 
the  nominating  ballot,  if  any;  the  date  of  receiving  his  peti- 
tion; the  number  of  signatures  thereon,  and  the  number  of 
signatures  required  to  make  a  valid  and  sufficient  petition  for 
nomination  to  said  office  by  his  political  party,  and  such  other 
information  as  may  aid  him  in  arranging  his  official  ballot 
for  said  primary  nominating  election.  Immediately  after  the 
canvass  of  votes  at  a  primary  nominating  election  is  com- 
pleted, the  county  clerk,  Secretary  of  State,  or  city  clerk, 
recorder,  or  auditor,  as  the  case  may  be,  shall  enter  in  his  book 
marked  "Register  of  Nominations/'  provided  by  Section  2799 
of  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of 
Oregon,  the  date  of  such  entry,  the  name  of  each  candidate 
nominated,  the  office  for  which  he  is  nominated,  and  the  name 
of  the  party  making  the  nomination. 

§  18.     Register  of  Candidates  Is  Public  Record — Disposition 

of  Poll  Books,  Tally  Sheets,  Ballots,  Etc. 
Such  registers  of  candidates  for  nomination,  and  of  nom- 
inations and  petitions,  letters  and  notices,  and  other  writings 
required  by  law,  as  soon  as  filed,  shall  be  public  records,  and 
shall  be  open  to  public  inspection  under  proper  regulations; 
and  when  a  copy  of  any  such  writing  is  presented  at  the  time 
the  original  is  filed,  or  at  any  time  thereafter,  and  a  request 
is  made  to  have  such  copy  compared  and  certified,  the  officers 
with  whom  such  writing  was  filed  shall  forthwith  compare 
such  copy  with  the  original  on  file,  and,  if  necessary,  correct 
the  copy  and  certify  and  deliver  the  copy  to  the  person  who 
presented  it  on  payment  of  his  lawful  fees  therefor.  All  such 
writings,  poll  books,  tally  sheets,  ballots,  and  ballot  stubs  per- 
taining to  primary  nominating  elections  under  the  provisions 
of  this  act  shall  be  preserved  as  other  records  are  for  two 
years  after  the  election  to  which  they  pertain,  at  which  time, 
unless  otherwise  ordered  or  restrained  by  some  court,  the 
county  court  shall  destroy  the  ballots  and  ballot  stubs  by 
Hre,  without  any  one  inspecting  the  same. 

§  19.     Notice  of  Death  or  Withdrawal. 

The  provisions  of  Sections  2801  and  2802  of  Bellinger  and 
Cotton's  Annotated  Codes  and  Statutes  of  Oregon  shall  apply 
to  nominations,  or  petitions  for  nominations  made  under  the 


48  STATUTES   RELATING  TO   ELECTIONS. 

provisions  of  this  law,  in  case  of  the  death  of  the  candidate 
or  his  removal  from  the  State  or  his  county  or  electoral  dis- 
trict before  the  date  of  the  ensuing  election,  but  in  no  other 
case.  In  case  of  any  such  vacancy  by  death  or  removal  from 
the  State,  or  from  the  county  or  electoral  district,  such 
vacancy  may  be  filled  by  the  committee  which  has  been  given 
power  by  the  political  party  or  this  law  to  fill  such  vacancies 
substantially  in  the  manner  provided  by  Sections  2803  and 
2804  of  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes 
of  Oregon. 

§  20.     Arrangement  and  Notice  of  Nominations. 

Not  more  than  twenty  days  and  not  less  than  seventeen 
days  before  the  day  fixed  by  law  for  the  primary  nominating 
election  the  Secretary  of  State  shall  arrange,  in  the  manner 
provided  by  this  law,  for  the  arrangement  of  the  names  and 
other  information  upon  the  ballots,  all  the  names  of  and 
information  concerning  all  the  candidates  for  nomination  con- 
tained in  the  valid  petitions  for  nomination  which  have  been 
filed  with  him  in  accordance  with  the  provisions  of  this  law; 
and  he  shall  forthwith  certify  the  same  under  the  seal  of  the 
State,  and  file  the  same  in  his  office,  and  make  and  transmit 
a  duplicate  thereof  by  registered  letter  to  the  county  clerk 
of  each  county  in  the  State,  and  he  shall  also  post  a  duplicate 
thereof  in  a  conspicuous  place  in  his  office,  and  keep  the  same 
posted  until  after  said  primary  nominating  election  has  taken 
place.  In  case  of  emergency  the  Secretary  of  State  may  trans- 
mit such  duplicate  by  telegraph. 

§  21.     Arrangement  of  Ballots  and  Notice. 

Not  more  than  fifteen  days  and  not  less  than  twelve  days 
before  the  day  fixed  by  law  for  the  primary  nominating  elec- 
tion, the  county  clerk  of  each  county,  or  the  city  clerk,  recorder, 
or  auditor  of  each  city,  as  the  case  may  be,  subject  to  the  pro- 
visions of  this  law,  shall  arrange  in  the  manner  provided  by 
this  law  for  the  arrangement  of  the  names  and  other  informa- 
tion concerning  all  the  candidates  and  parties  named  in  the 
valid  petitions  for  nomination  which  have  been  filed  with 
him,  and  those  which  have  been  certified  to  him  by  the  Secre- 
tary of  State,  in  accordance  with  the  provisions  of  this  law; 
and  he  shall  forthwith  certify  the  same  under  the  seal  of  the 
county  court,  or  the  official  seal  of  his  office,  as  the  case  may 
be,  and  file  the  same  in  his  office,  and  make  and  post  a  dupli- 
cate thereof  in  a  conspicuous  place  in  his  office,  and  keep  the 
same  posted  until  after  the  primary  nominating  election  has 
taken  place;  and  he  shall  forthwith  proceed  and  cause  to  be 
printed,  according  to  law,  the  colored  sample  ballots  and  the 
official  voting  ballots  for  each  political  party  required  by  this 
law. 


STATUTES   RELATING  TO   ELECTIONS.  49 


§  22.     Ballots  Printed  and  Furnished  by  County  Clerk. 

The  provisions  of  Section  2807  of  Bellinger  and  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon  shall  apply  to  and 
are  hereby  made  applicable  to  primary  nominating  elections 
under  this  law.  All  the  official  ballots  designed  to  be  voted 
at  primary  nominating  elections  shall  be  printed :  for  the 
Republican  party,  in  black  ink  upon  a  good  quality  of  white 
paper;  for  the  Democratic  party,  in  black  ink  upon  a  good 
quality  of  blue  paper;  and  for  any  third  party,  in  black  ink 
upon  a  good  quality  of  yellow  paper;  otherwise,  except  for 
the  party  name,  the  ballots  shall  be  alike  for  each  political 
party  and  of  the  same  size  in  the  same  county  at  the  same 
election.  Duplicate  impressions  of  the  same  shall  be  printed 
upon  cheaper  colored  paper,  but  not  of  any  of  the  colors  above 
named,  so  as  to  be  readily  distinguished  from  official  ballots 
designed  to  be  voted ;  these  colored  ballots  shall  be  used  solely 
as  sample  ballots  for  the  information  and  convenience  of 
voters,  and,  if  voted,  shall  not  be  counted. 

§  23.     Official  Ballot — Arrangement  of  Candidates'  Names — 

Form  of. 

The  ballot  shall  be  styled  "Official  primary  nominating 
election  ballot  of... party";  shall  state  the  num- 
ber or  name  of  the  precinct  and  county  they  are  intended  for, 
and  date  when  election  is  to  be  held;  shall  contain  the  names 
of  all  candidates  for  nomination  for  offices  to  be  filled  at 
that  election,  whose  petitions  have  been  duly  made  and  filed 
as  herein  provided,  and  who  have  not  died  or  removed  from 
their  electoral  districts,  and  the  names  of  candidates  of  the 
several  parties  in  the  several  precincts  for  the  members  of 
their  county  central  committees  and  of  delegates  to  be  chosen  to 
any  constitutional  convention  that  may  be  called,  and  shall 
contain  no  other  names  of  persons.  The  name  of  each  person, 
for  whom  as  a  candidate  for  nomination  a  valid  petition  has 
been  duly  filed,  shall  be  printed  on  the  ballot  in  but  one  place, 
but  there  shall  be  added  opposite  thereto  the  measures  he  es- 
pecially advocates,  expressed  in  not  more  than  twelve  words, 
as  specified  in  the  petition  for  nomination  naming  him  for 
the  office.  The  names  of  the  candidates  for  nomination  to 
each  office  shall  be  arranged  under  the  designation  of  the 
office,  in  alphabetical  order,  according  to  surnames.  There 
shall  be  left  at  the  end  of  the  list  of  candidates  for  nomination 
to  each  different  office,  a  blank  space  in  which  the  elector 
may  write  the  name  of  any  person  not  printed  on  the  ballot 
for  whom  he  desires  to  vote  as  a  nominee  for  such  office. 
On  the  left  margin  of  the  ballots  for  each  political  party 
the  name  of  the  uppermost  candidate  for  nomination  as 


50  STATUTES  RELATING  TO   ELECTIONS. 

printed  shall  be  numbered  12,  and  the  next  candidate  13, 
and  the  next  14,  and  so  on  consecutively  to  the  end  of  the 
ballot.  The  blank  lines  shall  not  be  numbered.  Each  ballot 
shall  have  along  the  top  thereof  a  stub  one  and  one  half 
inches  wide,  perforated  along  the  lower  edge  thereof;  on  the 
left  half  of  the  stub  shall  be  printed  the  words,  "Stub  to  be 
torn  off  by  the  chairman,"  on  the  right  half,  "Stub  to  be  torn 
off  by  first  clerk,"  and  colored  sample  ballots  shall  not  be  per- 
forated. Immediately  below  the  perforated  line  shall  be  printed 
in  capitals,  these  words,  "Official  primary  nominating  ballot 

for  the party  for precinct, county,  at  the 

primary  nominating  election  to  be  held  on.. the..... day  of 

,   19 "     Under  this  caption   shall  be  printed,   in 

bold-faced  type,  the  words,  "Mark  a  cross  [X]  between  the 
number  and  the  name  of  each  candidate  voted  for."  Below 
this  shall  be  printed  in  the  manner  aforesaid  (1)  the  candi- 
dates for  nomination  for  Senator  and  Representative  in 
Congress  and  for  State  offices;  (2)  for  district  and  county 
offices;  (3)  for  precinct  offices;  (4)  for  other  offices.  The 
ballot  shall  be  printed  so  as  to  give  each  elector  a  clear  oppor- 
tunity to  designate  his  choice  for  candidates  for  nomination 
by  making  with  indelible  pencil  a  cross  [X]  to  the  left  of 
the  name  of  the  candidate  he  wishes  to  vote  for  nomination 
to  each  office;  and  on  the  ballot  may  be  printed  such  words 
as  will  aid  the  elector  to  do  this, — "vote  for  one,"  "vote  for 
three,"  and  the  like.  The  ballot  shall  be  of  sufficient  length 
and  width  to  permit  this  to  be  properly  done.  The  official 
ballot  for  each  party  shall  be  arranged  and  printed  in  sub- 
stantially the  following  form,  but  it  may  be  printed  in  two 
or  more  columns,  and  shall  be  ruled,  lined,  and  spaced  in  the 
manner  provided  by  Section  2809  of  Bellinger  and  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon  for  the  official  ballots 
at  the  regular  general  election : 


STATUTES   RELATING   TO   ELECTIONS.  51 


STUB  |  STUB 

TO    BE    TORN    OFF    BY    THE    CHAIRMAN.  TO     BE    TORN     OFF    BY     THE     FIRST     CLERK. 


OFFICIAL   PRIMARY    NOMINATING    ELECTION    BALLOT 

FOR    THE 

PARTY  FOR  SOUTH   PORTLAND   PRECINCT, 
MULTNOMAH   COUNTY, 


AT     THE 

PRIMARY  NOMINATING  ELECTION  TO  BE   HELD   ON  , 

THE DAY  OF  APRIL,  19 

Mark  a  Cross    [X]    between   the    number   and   tbe    name   of    each   candidate   voted   for. 

The  Republican  Candidates   for    Nomination  for   Senator  and  Representative 
in  Congress,  and  for  State  Officers. 


For  United  States  Senator  in  Congress  • Vote  for  ONE 

12  Thurlow   B.    Merton,    of   Multnomah   County. 

13  Walter   B.    Wilter.   of  Umatilla  County. 

For  Representative  in-  Congress  Vote  for  ONE 

14  Joseph   Jennings,    of   Wasco   County. 


15       Jonathan    Samms,    of   Gilliam    County. 


For   Governor  Vote  for  ONE 

16       Samuel  Johnson,  of  Marion  County,   favors  franchise  tax  corporations. 


17       John    Samson,    of   Malheur    County. 


For   Secretary    of   State  Vote  for  ONE 

18       W.    B.    Curran,    of    Clatsop    County. 


19       George    Wilson,    of    Baker    County. 


For    State    Treasurer  Vote  for  ONE 


20       C.    H.    Chilton,    of   Grant   County. 


21       John    P.    Walker,    of    Columbia    County. 


For    Supreme    Judge  Vote  for  ONE 

22       Arthur   C.    Simms,    of   Crook   County. 


23       Orville    Wilkins,    of    Wallowa    County. 


For  Superintendent  of  Public  Instruction  Vote  for  ONE 

24  George    M.    Josephson,    of    Wasco    County. 

25  Henry  J.   Summer,   of  Wheeler   County. 

For  State  Printer  "ote  for  ONE 

26  Ord  C.   Colunder,  of  Douglas  County. 


27       Samuel    P.    Kollen,    of   Washington    County. 


52  STATUTES  RELATING  TO   ELECTIONS. 


Republican  Candidates  for  Nomination  for  District  and  County  Offices. 


For  Prosecuting  Attorney  Vote  for  ONE 

28       William   S.   Stokes,   of  Multnomah   County. 


29       Charles    P.     Swing,    of    Multnomah    County. 


For   Judge    of    Circuit    Court  Vote  for  ONB 

30       Amos   Strong,   of  Multnomah   County. 


31       Christian   Thompson,   of  Multnomah  County. 


For  Joint   Senator,   Clackamas   and  Multnomah   Counties  Vote  for  ONE 

32       George  J.  McCall,  of  Clackamas  County. 


William  T.  Merry,  of  Multnomah  County. 


For  Joint  Representatives,  Multnomah  and  Clackamas  Counties,       Vote  for  ONE 

34  Francis    A.     Terrell,     of    Multnomah    County. 

35  Frank  Wilson,  of  Multnomah  County. 

For    State    Senator    from    Multnomah    County  Vote  for  ONB 

36  Albert  Wheatly. 

37  Samuel    Wilton. 


For  Representatives  from  Multnomah  County                               Vote  for  TWELVE 

38  Wilbur  Able,  promises  to  vote  for  people's  choice  for  United  States  Senator. 

39  William  A.  Adams. 

40  Orton    Anderson. 

41  Frank    Alger,    will    not    promise    to    vote    for    people's    choice    for    United 

States    Senator. 

42  Elton    Ankeny. 


43       Samson   Ashley,   favors   state   monoply   sale   of  liquors   on    South   Carolina 
dispensary    plan. 


44       Wilson   Atterbury. 


45       Angus    Bailey. 


46       Washington    Baird. 


47       Fred  K.    Ball. 


48       James  Barrow. 


49       Chris    Barton. 


50       John  P.   Bascom. 


51       Franklin  B.   Bell. 


For  County  Judge   of  Multnomah   County                                                Vote  for  ONB 

52  Simeon    A.    Bennett. 

53  Edward    S.    Bonahan. 

For  Sheriff    of    Multnomah    County                                                               Vote  for  ONE 

54  Peter   Booth. 


55       Ben   F.    Boutwell. 


STATUTES   RELATING   TO   ELECTIONS. 


53 


For  Clerk  of  Circuit  Court   of  Multnomah  County 
56       Orrin    Buckner. 


Vote  for  ONE 


57       Warren    Burleigh. 


For  Clerk  of  County   Court  of  Multnomah   County 


Vote  for  ONE 


58       Henry    Butcher. 


59       Phil    Byrne. 


For  Recorder   of   Conveyances   for  Multnomah   County 


Vote  for  ONE 


60  Francis  P.   Calhoun. 

._•_._ 

61  Hiram    Cannot. 


For    County    Treasurer    of    Multnomah    County 
62       William  E.   Carroll. 


Vote  for  ONE 


63       Frank    C.    Carter. 


For   Assessor   of   Multnomah    County 
64       Oliver    O.    Chadwick. 


Vote  for  ONE 


65       Walter    S.    Simpson. 


For  School   Superintendent   of  Multnomah  County 


Vote  for  ONE 


Julius   C.    Coburn. 


67       Darron    C.    Comstock. 


For    County    Surveyor    of    Multnomah    County 
68       Jerry    O.    Cook. 


Vote  for  ONE 


69 


Lucius  P.   Copeman. 


For    Coroner    of    Multnomah    County 


Vote  for  ONE 


70       Ellerton  C.   Corf  man. 


71       Amos    E.    Cox. 


For    County    Commissioner    of    Multnomah    County 

72  Silas    Grafter. 

73  John   Q.    Croker. 


Vote  for  ONE 


Republican  Candidates  for  Nomination  to  City  and  Precinct  Offices. 


For    Mayor    of    Portland 


Vote  for  ONE 


74       John   Daley,    of   Tenth    Ward. 


75       Roderick   Davis,    of    Sixth   Ward. 


For    Municipal    Judge    of    Portland 


Vote  for  ONE 


76       Abraham    Kinto,    of    Fourth    Ward. 


77       Harrison  Knight,   of  Third  Ward. 


For    City    Attorney    of    Portland 

78  Edward  H.  Kohler,  of  First  Ward. 

79  Sidney    Phillips,    of    Eighth    Ward. 


Vote  for  ONE 


For  City  Auditor  of  Portland 


Vote  for  ONE 


80  Anton    Kuhn,    of   Fifth   Ward. 

81  Charles   A.    Layne,    of   Eleventh   Ward. 


54  STATUTES   RELATING   TO   ELECTIONS. 


For    City    Treasurer    of    Portland  Vote  for  ONE 

82       Wade   O.    Latimer,    of   Ninth   Ward. 


83       Wilson  F.  Learned,  of  Seventh  Ward. 


For    City    Engineer    of    Portland  Vote  for  ONE 

84       Worden    Q.    Lockwood.    of    Fourth    Ward. 


85       Otto   R.    Shields,    of   First  Ward. 


For    Councilman,    Seventh    Ward  Vote  for  ONE 

86       Alderson  Mason,  of  Seventh  Ward. 


87        James  Mayer,   of   Seventh   Ward. 


For    Justice    of    the    Peace  Vote  for  ONE 

88       Albert  O.  Marsh,  of  Multnomah  County. 


89       Wills   McLean,   of  Multnomah   County. 


For   Constable  Vote  for  ONE 

90       Horace  Mercher,    of   Multnomah   County. 


91       Frederick   H.    Miller,    of   Multnomah   County. 


Republican  Candidates,   for  election,  for  County  Central  Committeeman 

South   Portland   Precinct.  Vote  for  ONE 

92  Franklin  P.   Smith,  of  kailtnomah  County. 

93  Wash  C.   Squires,   of  Multnomah  County. 


94       Marion    O.    Swinger  ton,    of   Multnomah    County. 


§  24.     Official  Ballots  and  Sample  Ballots — Number  of. 

There  shall  be  provided  and  furnished  at  each  pri- 
mary nominating  election  for  each  election  precinct  for 
each  voter  duly  registered  therein  as  a  member  of  a  party 
subject  to  the  provisions  of  this  law,  when  the  registration 
books  are  first  closed  as  required  by  Section  39  of  this  act,  at 
least  two  official  ballots  intended  to  be  voted,  and  a  like  num- 
ber of  the  colored  sample  ballots.  The  sample  ballots  shall 
be  duplicate  impressions  of  the  official  ballots  to  be  voted, 
but  in  no  case  shall  they  be  white,  or  colored  any  shade  of 
blue  or  yellow,  nor  shall  the  sample  ballots  have  perforated 
stubs,  nor  shall  they  have  the  same  margin,  either  at  the  top  or 
sides  or  bottom,  as  the  official  voting  ballots  have,  or  nearer 
thereto  than  twelve  points.  These  colored  sample  ballots  shall  be 
furnished  as  soon  as  printed,  at  any  time  before  the  primary 
nominating  election  by  the  respective  county  or  city  clerks, 
in  reasonable  quantities,  to  all  electors  applying  for  the  same ; 
and  on  the  day  of  said  election,  under  the  direction  and  con- 
trol of  the  judges  at  each  polling  place,  said  colored  sample 
ballots  shall  be  given  in  proper  quantities  to  all  electors 
applying  for  them. 


STATUTES  RELATING  TO   ELECTIONS.  55 

§  25.     Vacancy  After  Ballots  Printed — Canceling  Names  on 

Printed    Ballot — Ballot    Boxes,    Election    Supplies    and 

Delivery  by  Sheriff — Polling  Places — Judges  and  Clerks. 

The  provisions   of  Section  2811,   2812,   2813,   2814,   2815, 

2816,  and  2817  of  Bellinger  and  Cotton's  Annotated  Codes 

and  Statutes  of  Oregon  shall  apply  to  and  are  hereby  made 

applicable  to  primary  nominating  elections  under  this  law,  as 

far  as  the  same  are  not  in  conflict  with  this  law. 

§  26.     Manner  of  Voting. 

Any  person  desiring  to  vote  shall  give  his  name  and  his 
residence  and  political  party  to  the  first  of  the  election  clerks, 
which  clerk  shall  not  be  of  the  same  political  party  as  the 
chairman,  who  shall  thereupon  announce  the  name  and  resi- 
dence and  party  distinctly,  and  write  in  the  poll  book  kept  by 
him  the  name  and  residence  and  party  of  the  elector  and  the 
word  "State,"  or  "State  and  District/'  if  he  is  qualified  to  vote 
for  such  officers  only,  and  also  write  the  name  and  residence  of 
the  elector,  and,  if  proper,  the  word  "State,"  or  "State  and  Dis- 
trict," with  pen  and  ink  upon  the  back  of  one  of  the  stubs 
upon  one  of  the  voter's  political  party  official  ballots  provided 
under  this  act;  the  clerk  shall  then  with  pen  and  ink  write 
the  number  of  the  elector  upon  the  back  of  each  of  the  two 
stubs  UDon  said  ballot;  he  shall  so  number  the  stubs  upon 
each  ballot  to  correspond  with  the  numbers  of  the  electors  in 
the  poll  book,  beginning  with  number  1  for  the  first  elector 
applying  to  vote,  number  2  for  the  second  elector,  and  so  on, 
and  he  shall  then  tear  off  the  stub  upon  which  he  wrote  the 
elector's  name.  The  clerk  shall  then  deliver  the  ballot,  with 
the  remaining  stub  still  attached  thereto,  to  the  elector.  The 
said  clerk  shall  give  the  elector  one  of  said  voter's  political 
party  official  ballots  and  one  only.  The  clerk  shall  then, 
at  once,  and  before  issuing  another  ballot,  deliver  the  stub 
containing:  the  name  and  number  of  the  elector  to  the  judges, 
who  shall  pass  it  to  the  second  clerk,  who  shall  immediately 
enter  the  number  in  the  Doll  book,  and  the  name  and  resi- 
dence and  party  of  the  elector  opposite  thereto,  and  shall 
retain  the  stub  in  his  possession. 

§  27.     Marnier  of  Voting — Election  Supplies,  etc. 

The  provisions  of  Section  2819,  2820,  2821,  2822,  2823, 
2824,  2825,  2826,  2827,  2828,  2829,  2830,  2831,  and  2837  of 
Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of  Ore- 
gon, so  far  as  the  same  are  not  in  conflict  with  and  are  not 
modified  by  this  law,  shall  apply  to  and  are  hereby  made 
applicable  to  primary  nominating  elections  under  the  provi- 
sions of  this  law:  provided,  that  the  words  "white  ballot/'  in 


56  STATUTES   RELATING   TO    ELECTIONS. 

every  section  adopted  from  said  codes  and  statutes,  shall, 
when  applied  to  said  primary  nominating  election,  be  under- 
stood to  mean,  as  to  each  political  party  nominating  its 
candidates  at  such  election,  the  official  voting  ballot  of  the 
respective  political  parties  for  that  primary  nominating  elec- 
tion, whether  such  ballot  be  white,  blue,  or  yellow,  as  provided 
in  Section  22  of  this  act;  and  provided  further,  that  the 
Secretary  of  State,  in  furnishing  the  supplies  for  the  primary 
nominating  election,  as  provided  by  Section  2828  of  said  Bel- 
linger and  Cotton's  Annotated  Codes  and  Statutes  of  Oregon, 
shall  also  furnish  a  sufficient  number  of  brass  clips,  or  other 
appropriate  fastenings,  to  fasten  together  the  ballots  of  each 
political  party  in  each  precinct,  as  required  by  Section  7  of 
this  act. 

§  28.     Nomination  of  United  States  Senator. 

At  all  general  primary  nominating  elections  next  preceding 
the  election  of  a  Senator  in  Congress  by  the  Legislature  of 
Oregon  there  shall  be  placed  upon  the  official  primary  nom- 
inating election  ballots,  by  each  of  the  county  clerks  and 
clerks  of  the  county  court,  the  names  of  all  candidates  for 
the  office  of  Senator  in  Congress,  for  whose  nominations 
petitions  have  been  duly  made  and  filed  under  the  provisions 
of  this  law,  the  votes  for  which  candidates  shall  be  counted 
and  certified  to  by  the  election  judges  and  clerks  in  the  same 
manner  as  the  votes  for  other  candidates;  and  records  of 
the  vote  for  such  candidates  shall  be  made  out  and  sworn  to 
by  the  board  of  canvassers  of  each  county  of  the  State  and 
returned  to  the  Secretary  of  State  at  the  same  time  and  in 
like  manner  as  they  shall  transmit  other  records  and  returns 
required  by  this  law. 

§  29.     Canvass   of  Returns. 

On  the  third  day  after  the  close  of  any  primary  nominating 
election,  or  sooner  if  all  the  returns  be  received,  the  county 
clerk,  taking  to  his  assistance  two  justices  of  the  peace  of 
the  county  of  different  political  parties,  if  practicable,  shall 
proceed  to  open  said  returns  and  make  abstracts  of  the  votes. 
Such  abstracts  of  votes  for  nominations  for  Governor  and 
for  Senator  in  Congress  shall  be  on  one  separate  sheet  for 
each  political  party,  and  shall  be  immediately  transmitted  to 
the  Secretary  of  State  in  like  manner  as  other  election  returns 
are  transmitted  to  him.  Such  abstract  of  votes  for  nom- 
ination of  each  party  for  Secretary  of  State,  State  Printer, 
State  Treasurer,  Justices  of  the  Supreme  Court,  members  of 
Congress,  judges  of  the  circuit  court,  district  attorneys,  and 
members  of  the  Legislative  Assembly,  who  are  to  be  nominated 
from  a  district  composed  of  more  than  one  county,  shall  be 


STATUTES   RELATING  TO   ELECTIONS.  57 

on  one  sheet  separately  for  each  political  party,  and  shall  be 
forthwith  transmitted  to  the  Secretary  of  State,  as  required 
by  Section  30  of  this  act.  The  abstract  of  votes  for  county 
and  precinct  offices  shall  be  on  another  sheet  separately  for 
each  political  party;  and  it  shall  be  the  duty  of  said  clerk 
immediately  to  certify  the  nomination  for  each  party  and 
enter  upon  his  register  of  nominations  the  name  of  each  of 
the  persons  having  the  highest  number  of  votes  for  nomination 
as  candidates  for  members  of  the  Legislative  Assembly,  county, 
and  precinct  offices,  respectively,  and  to  notify  by  mail  each 
person  who  is  so  nominated:  provided,  that  when  a  tie  shall 
exist  between  two  or  more  persons  for  the  same  nomination  by 
reason  of  said  two  or  more  persons  having  an  equal  and  the 
highest  number  of  votes  for  nomination  by  one  party  to  one 
and  the  same  office,  the  clerk  whose  duty  it  is  to  compare  the 
polls  shall  give  notice  to  the  several  persons  so  having  the 
highest  and  equal  number  of  votes  to  attend  at  the  office  of 
the  county  clerk,  at  a  time  to  be  appointed  by  said  clerk,  who 
shall  then  and  there  proceed  publicly  to  decide  by  lot  which 
of  the  persons  so  having  an  equal  number  of  votes  shall  be 
declared  nominated  by  his  party;  and  said  clerk  shall  forth- 
with enter  upon  his  register  of  nominations  the  name  of  the 
person  thus  duly  nominated,  in  like  manner  as  though  he  had 
received  the  highest  number  of  the  votes  of  his  party  for 
that  nomination;  and  it  shall  be  the  duty  of  the  county  clerk 
of  every  county,  on  the  receipt  of  the  returns  of  any  general 
primary  nominating  election,  to  make  out  his  certificate 
stating  therein  the  compensation  to  which  the  judges  and 
clerks  of  election  may  be  entitled  for  their  services,  and  lay  the 
same  before  the  county  court  at  its  next  term,  and  the  said 
court  shall  order  the  compensation  aforesaid  to  be  paid  out 
of  the  county  treasury.  In  all  primary  nominating  elections  in 
this  State,  under  the  provisions  of  this  law,  the  person  having 
the  highest  number  of  votes  for  nomination  to  any  office  shall 
be  deemed  to  have  been  nominated  by  his  political  party  for 
that  office. 

§  30.     Duties  of  County  Clerk  after  Canvass  of  Vote. 

The  county  clerk,  immediately  after  making  the  abstracts 
of  votes  given  in  his  county,  shall  make  a  copy  of  each  of  said 
abstracts  and  transmit  it  by  mail  to  the  Secretary  of  State  at 
the  seat  of  government;  and  it  shall  be  the  duty  of  the  Secre- 
tary of  State,  in  the  presence  of  the  Governor  and  the  State 
Treasurer,  to  proceed  within  fifteen  days  after  the  primary 
nominating  election,  and  sooner  if  all  returns  be  received, 
to  canvass  the  votes  given  for  nomination  for  Governor, 
Senator  in  Congress,  Secretary  of  State,  State  Treasurer, 


58  STATUTES  RELATING  TO   ELECTIONS. 

State  Printer,  Justices  of  the  Supreme  Court,  members  of 
Congress,  judges  of  the  circuit  court,  district  attorneys,  joint 
senators  and  joint  representatives,  and  all  other  officers  to  be 
voted  for  by  the  people  of  the  State,  or  of  any  district  com- 
prising more  than  one  county ;  and  the  Governor  shall  grant  a 
certificate  of  nomination  to  the  person  having  the  highest 
number  of  votes  for  each  office,  and  shall  issue  a  proclamation 
declaring  the  nomination  of  each  person  by  his  party.  In  case 
there  shall  be  no  choice  for  nomination  for  any  office  by 
reason  of  any  two  or  more  persons  having  an  equal  and  the 
highest  number  of  votes  of  his  party  for  nomination  for  either 
of  said  offices,  the  Secretary  of  State  shall  immediately  give 
notice  to  the  several  persons  so  having  the  highest  and  equal 
number  of  votes  to  attend  at  the  office,  either  in  person  or  by 
attorney,  of  the  Secretary  of  State,  at  a  time  to  be  appointed 
by  said  Secretary,  who  shall  then  and  there  proceed  to  publicly 
decide  by  lot  which  of  said  persons  so  having  an  equal  number 
of  votes  shall  be  declared  duly  nominated  by  his  party ; 
and  the  Governor  shall  issue  his  proclamation  declaring  the 
nomination  of  such  person  or  persons,  as  above  provided. 

§  31.     Error  in  Ballot  or  Count. 

Whenever  it  shall  appear  by  affidavit  to  the  county  court 
or  judge  thereof,  or  to  the  circuit  court  or  judge  thereof, 
that  an  error  or  omission  has  occurred  or  is  about  to  occur  in 
the  printing  of  the  name  of  any  candidate  or  other  matter 
on  the  official  primary  nominating  election  ballots,  or  that  any 
error  has  been  or  is  about  to  be  committed  in  the  printing 
of  the  ballots,  or  that  the  name  of  any  person  or  any 
other  matter  has  been  or  is  about  to  be  wrongfully 
placed  upon  such  ballots,  or  that  any  wrongful  act  has  been 
performed  or  is  about  to  be  performed  by  any  judge  or  clerk 
of  the  primary  election,  county  clerk,  canvassing  board  or 
member  thereof,  or  by  any  person  charged  with  a  duty  under 
this  act,  or  that  any  neglect  of  duty  by  any  of  the  persons 
aioresaid  has  occurred  or  is  about  to  occur,  such  court  or  judge 
shall  by  order  require  the  officer  or  person  or  persons  charged 
with  the  error,  wrongful  act,  or  neglect,  to  forthwith  correct 
the  error,  desist  from  the  wrongful  act,  or  perform  the  duty 
and  do  as  the  court  shall  order,  or  show  cause  forthwith 
why  such  error  should  not  be  corrected,  wrongful  act 
desisted  from,  or  such  duty  or  order  performed.  Failure  to 
obey  the  order  of  any  such  court  or  judge  shall  be  contempt. 
Any  person  in  interest  or  aggrieved  by  the  refusal  or  failure 
of  any  person  to  perform  any  duty  or  act  required  by  this 
law  shall  without  derogation  to  any  other  right  or  remedy  be 
entitled  to  pray  for  a  mandamus  in  the  circuit  court  of  appro- 


STATUTES   RELATING   TO   ELECTIONS.  59 

priate  jurisdiction,  and  any  proceedings  under  the  provisions 
of  this  law  shall  be  immediately  heard  and  decided. 

§  32.     Secretary  of  State  May  Send  for  Returns. 

If  the  returns  and  abstracts  of  the  primary  nominating 
election  of  any  county  in  the  State  shall  not  be  received  at  the 
office  of  the  Secretary  of  State  within  twelve  days  after  said 
election,  the  Secretary  of  State  shall  forthwith  send  a  mes- 
senger to  the  county  court  of  such  county,  whose  duty  it  shall 
be  to  furnish  said  messenger  with  a  copy  of  said  returns, 
and  the  said  messenger  shall  be  paid  out  of  the  county  treas- 
ury of  such  county  the  sum  of  twenty  cents  for  each  mile  he 
shall  necessarily  travel  in  going  to  and  returning  from  said 
county.  The  county  clerk,  whenever  it  shall  be  necessary  for 
him  to  do  so  in  order  to  send  said  returns  and  abstracts  within 
the  time  above  limited,  may  send  the  same  by  telegraph,  the 
message  to  be  repeated,  and  the  county  shall  pay  the  expense 
of  such  telegram. 

§  33.     Penalty  for  Official  Misconduct. 

If  any  judge  or  clerk  of  a  primary  nominating  election,  or 
other  officers  or  persons  on  whom  any  duty  is  enjoined  by 
this  law,  shall  be  guilty  of  any  wilful  neglect  of  such  duty, 
or  of  any  corrupt  conduct  in  the  discharge  of  the  same,  such 
judge,  clerk,  officer  or  other  person,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  penitentiary  not 
less  than  one  year  nor  more  than  five  years,  or  by  imprison- 
ment in  the  county  jail  not  less  than  three  months  nor  more 
than  one  year,  or  by  fine  not  less  than  $100  nor  more  than 
$500. 

§  34.     Notice  of  Contest. 

Any  person  wishing  to  contest  the  nomination  of  any  other 
person  to  any  State,  county  district,  township,  precinct,  or 
municipal  office  may  give  notice  in  writing  to  the  person 
whose  nomination  he  intends  to  contest  that  his  nomination 
will  be  contested,  stating  the  cause  of  such  contest  briefly, 
within  five  days  from  the  time  said  person  shall  claim  to  have 
been  nominated. 

§  35.     Service  of  Notice — Contest — How  Heard. 

Said  notice  shall  be  served  in  the  same  manner  as  a  sum- 
mons issued  out  of  the  circuit  court  three  days  before  any 
hearing  upon  such  contest  as  herein  provided  shall  take  place, 
and  shall  state  the  time  and  place  that  such  hearing  shall  be 
had.  Upon  the  return  of  said  notice  served  to  the  clerk  of  the 
county  he  shall  thereupon  enter  the  same  upon  his  issue 
docket  as  an  appeal  case,  and  the  same  shall  be  heard  forth- 


60  STATUTES  RELATING  TO   ELECTIONS. 

with  by  the  circuit  court;  provided,  that  if  the  case  can  not 
be  determined  by  the  circuit  court  in  term  time,  within  fifteen 
days  after  the  termination  of  such  primary  nominating  elec- 
tion, the  judge  of  the  circuit  court  may  hear  and  determine 
the  same  at  chambers  forthwith,  and  shall  make  all  necessary 
orders  for  the  trial  of  the  case  and  carrying  his  judgment 
into  effect:  provided,  that  the  circuit  court  provision  of  this 
section  shall  not  apply  to  township  or  precinct  officers.  In 
case  of  contest  between  any  persons  claiming  to  be  nominated 
to  any  township  or  precinct  office,  said  notice  shall  be  served 
in  the  manner  aforesaid,  and  shall  be  returned  to  the  county 
court  of  the  county. 

§  36.     Contest  for  Precinct  Officers — Trial,  etc. 

The  provisions  of  Sections  2841  and  2843,  Bellinger  and 
Cotton's  Annotated  Codes  and  Statutes  of  Oregon,  so  far 
as  the  same  do  not  conflict  with  this  law,  shall  apply  to  and 
are  hereby  made  applicable  to  primary  nominating  elections 
held  under  the  provisions  of  this  law. 

§  37.     Contest — How  Tried  and  Decided. 

Each  party  to  such  contest  shall  be  entitled  to  subpoenas, 
and  subpoenas  duces  tecum,  as  in  ordinary  cases  of  law;  and 
the  court  shall  hear  and  determine  the  same  without  the 
intervention  of  a  jury,  in  such  manner  as  shall  carry  into 
effect  the  expressed  will  of  a  majority  of  the  legal  voters  of  the 
political  party,  as  indicated  by  their  votes  for  such  nomina- 
tions, not  regarding  technicalities  or  errors  in  spelling  the 
name  of  any  candidate  for  such  nomination;  and  the  county 
clerk  shall  issue  a  certificate  to  the  person  declared  to  be  duly 
nominated  by  said  court,  which  shall  be  conclusive  evidence 
of  the  right  of  said  person  to  hold  said  nomination ;  provided, 
that  the  judgment  or  decision  of  the  circuit  court  in  term  time, 
or  a  decision  of  the  judge  thereof  in  vacation,  as  the  case 
may  be,  may  be  removed  to  the  supreme  court  in  such  manner 
as  may  be  provided  for  removing  such  causes  from  the  circuit 
court  to  the  supreme  court ;  and  provided  further,  that  appeals 
may  be  taken  from  the  decision  of  the  county  court  to  the 
circuit  court,  in  all  of  which  cases  the  party  removing 
any  such  judgment  or  decision  by  appeal,  shall  file  in  the  proper 
court  a  bond  to  the  opposite  party,  in  such  sum  and  with  such 
sureties  as  shall  be  prescribed  by  a  judge  thereof,  conditioned 
for  the  payment  of  all  costs  that  may  be  properly  taxed 
against  them;  and  provided  further,  that  on  any  such  appeal 
it  shall  be  advanced  on  the  docket  and  heard  and  decided  on 
appeal  soon  enough  to  place  the  name  of  the  successful  con- 
testant on  the  official  white  ballot  as  such  nominee  at  the 
ensuing  election,  and  said  courts  shall  make  the  necessary 
rules  to  accomplish  this  result. 


STATUTES  RELATING  TO  ELECTIONS.  61 


§  38.     Registration  of  Electors — Party  Name  to  be  Given. 

In  addition  to  the  facts  to  be  stated  by  the  elector  and 
registered  by  the  provisions  of  Sections  2861,  2862,  and  2866, 
of  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of 
Oregon,  every  elector  shall  be  asked  by  the  clerk  or  other 
registering  officer  of  what  political  party  or  voluntary  polit- 
ical organization  he  is  a  member,  and  it  shall  be  the  elector's 
duty  ,to  answer  said  question  if  he  wishes  to  take  part  in 
making  the  nominations  of  any  political  party ;  and  his  answer 
shall  then  and  there  be  entered  in  the  register,  in  the  column 
headed  "Remarks,"  and  such  answer  shall  also  be  a  part 
of  the  affidavit  entitled  "Oregon  Registration  Blank  A," 
when  such  blank  is  used  in  the  registration.  If  the 
elector  shall  answer  that  he  is  not  a  member  of  any  political 
party  or  voluntary  political  organization,  the  clerk  or  regis- 
tering officer  shall  enter  the  fact  in  said  column  headed 
"Remarks,"  and  in  said  affidavit  when  the  same  is  used,  and 
if  he  shall  decline  to  answer,  the  officer  shall  enter  such  refusal. 
In  entering  the  answer  in  the  register  as  to  the  political 
party  or  ampliation  of  the  elector,  it  shall  be  sufficient  to 
designate  the  political  party  by  the  first  syllable  of  the  first 
word  of  its  name,  as  "Rep."  for  Republican,  "Dem."  for 
Democrat,  "Soc."  for  Socialist,  "Pro."  for  Prohibition,  "Ind." 
for  Independent,  and  "Non."  for  Nonpartisan  or  no  party. 
No  elector  shall  be  qualified  to  vote,  nor  permitted  to  vote, 
at  any  such  primary  nominating  election  required  by  this 
law,  and  it  shall  be  unlawful  for  him  to  offer  to  do  so,  unless 
he  shall  be  registered,  as  above  required,  as  a  member  of 
one  of  the  political  parties  choosing  and  nominating  its  candi- 
dates for  public  office  under  the  provisions  of  this  law  at  such 
primary  nominating  election.  Every  qualified  elector  offering 
to  vote  at  any  such  primary  nominating  election  shall  be 
given  a  ballot  of  the  political  party  with  which  he  is  registered 
as  a  member,  as  above  required,  and  he  shall  not  be  given  a 
ballot  of  any  other  political  party  at  that  primary  nominating 
election;  provided,  that  nothing  in  this  law  shall  be  construed 
to  deprive  any  elector  of  the  right  to  register  and  vote  at 
any  primary  nominating  election  required  by  this  law,  upon 
his  complying  with  the  special  provisions  of  this  law,  in  the 
same  manner  that  he  is  permitted  by  the  general  laws  to 
register  and  vote  at  a  general  election. 

§  39.     County  Clerk  to  Register  Electors. 

It  shall  be  the  duty  of  the  county  clerk  in  each  county, 
between  the  first  Monday  in  January,  1906,  and  5  o'clock  P.  M. 
of  the  fifteenth  day  of  May,  1906,  and  between  the  same 
dates  and  hours  biennially  thereafter;  and  between  the 


62  STATUTES   RELATING   TO    ELECTIONS. 


twentieth  day  of  September,  1904,  and  5  o'clock  P.  M.  of  the 
twentieth  day  of  October,  1904,  and  between  the  same  dates 
in  each  and  every  year  thereafter  in  which  there  shall  be 
an  election  of  presidential  electors,  to  enter  upon  the  proper 
registers  every  person  who  complies  with  the  requirements 
of  this  chapter  and  claims  to  be  an  elector  residing  in  the 
county.  If  the  clerk  refuses  to  enter  the  name  of  any  qualified 
elector,  such  elector  may  proceed  by  mandamus  to  compel 
him  to  do  so ;  provided,  that  the  county  clerk  shall  not  register 
any  elector  during  the  period  beginning  on  the  fifty-fourth 
day  and  ending  on  the  forty-first  day  immediately  preceding 
the  general  biennial  June  election ;  and  provided  further,  that 
this  law  shall  not  operate  to  prevent  any  additional  registra- 
tion of  voters  required  by  the  charters  or  ordinances  of  any 
city  or  town  within  the  provisions  of  Section  6  of  this  law. 

§  40.     Registration  of  Electors. 

The  provisions  of  Sections  2863,  2864,  2866,  2867,  2868, 
2869,  2870,  2871,  and  2873  of  Bellinger  and  Cotton's  Anno- 
tated Codes  and  Statutes  of  Oregon  shall  apply  to  and  are 
hereby  made  applicable  to  primary  nominating  elections 
held  under  the  provisions  of  this  law,  so  far  as  they  are  not 
in  conflict  herewith. 

§  41.     Registers  Closed,  When. 

The  county  clerk  shall  close  all  books  of  registration  for  the 
period  of  fourteen  days  at  5  o'clock  P.  M.  on  the  fifty-fifth 
day  before  the  regular  general  election  in  1906  and  biennially 
thereafter,  by  writing  the  words  "Closed  for  fourteen  days," 
in  red  ink  on  the  line  next  below  the  last  elector  registered  in 
each  precinct  of  the  general  register.  He  shall  then  immedi- 
ately in  the  indexed  pages  in  the  general  register,  opposite 
the  name  of  each  precinct,  in  writing,  certify  the  number  of 
electors  registered  in  that  precinct  for  each  party  subject  to 
the  provisions  of  the  primary  nominating  elections  law,  and 
sign  his  name  and  title  and  affix  the  seal  of  the  county  thereto ; 
and  he  shall  immediately  send  to  the  Secretary  of  State,  by 
telegraph  if  necessary,  a  certified  copy  of  the  numbers  and 
totals  for  each  party  for  his  county ;  he  shall  likewise  close  the 
books  of  the  precinct  registers,  and  certify  in  each  of  the 
precinct  registers  the  total  number  of  electors  registered  in 
each  precinct  for  each  of  the  parties  subject  to  the  primary 
nominating  elections  law,  and  not  canceled,  and  sign  the  same 
with  his  official  title  and  affix  the  seal  of  the  county  thereto. 
All  of  said  registers  shall  be  reopened  by  the  clerk  on  the 
fortieth  day  before  the  ensuing  general  election  in  June,  1906, 
and  biennially  thereafter,  and  remain  open  until  the  fifteenth 
day  of  May,  1906,  and  biennially  thereafter,  when  they  shall 
be  finally  closed  for  the  ensuing  election  in  the  manner  above 
provided. 


STATUTES   RELATING   TO   ELECTIONS.  63 


§  42.     Challenge  of  Elector — Penalty  for  Violations  of  Law. 

The  provisions  of  Sections  2874,  2875,  2876,  2877,  2878, 
and  2879  of  Bellinger  and  Cotton's  Annotated  Codes  and 
Statutes  of  Oregon,  shall  apply  to  and  are  hereby  made  appli- 
cable to  primary  nominating  elections  held  under  this  law,  so 
far  as  they  are  not  in  conflict  herewith. 

§  43.     Committeemen  to  Be  Elected  by  Each  Party. 

There  shall  be  elected  by  each  political  party  subject  to  the 
provisions  of  this  law  at  said  primary  nominating  election  a 
committeeman  for  each  election  precinct,  who  shall  be  a  resi- 
dent of  such  precinct.  The  committeeman  thus  elected  shall 
be  the  representative  of  his  political  party  in  and  for  such 
precinct  in  all  ward  or  subdivision  committees  that  may  be 
formed.  The  committeemen  elected  in  each  precinct  in  each 
county  shall  constitute  the  county  central  committee  of  each  of 
said  respective  political  parties.  Those  committeemen  who 
reside  within  the  limits  of  any  incorporated  city  or  town  shall 
constitute  ex  offlcio  the  city  central  committee  of  each  of  said 
respective  political  parties,  and  shall  have  the  same  powers 
and  jurisdiction  as  to  the  business  of  their  several  parties  in 
such  city  matters  that  the  county  committee  has  in  county 
matters,  save  only  the  power  to  fill  vacancies  in  said  com- 
mittee, which  power  is  vested  in  the  county  central  com- 
mittee. Each  committeeman  shall  hold  such  position  for 
the  term  of  two  years  from  the  date  of  the  first  meeting 
of  said  committee  immediately  following  their  election. 
In  case  of  a  vacancy  happening  on  account  of  death, 
resignation,  removal  from  the  precinct,  or  otherwise,  the  re- 
maining members  of  said  county  committee  may  select  a 
committeeman  to  fill  the  vacancy,  and  he  shall  be  a  resident 
of  the  precinct  in  which  the  vacancy  occurred.  Said  county 
and  city  central  committees  shall  have  the  power  to  make 
rules  and  regulations  for  the  government  of  their  respective 
political  parties  in  each  county  and  city,  not  inconsistent  with 
any  of  the  provisions  of  this  law,  and  to  elect  the  county 
members  of  the  state  central  committee  and  of  the  mem- 
bers of  the  congressional  committee,  and  said  committees 
shall  have  the  same  power  to  fill  all  vacancies  and  make  rules 
in  their  jurisdiction  that  the  county  committee  has  to  fill 
county  vacancies  and  make  rules.  Said  county  and  city  cen- 
tral committees  shall  have  the  power  to  make  nominations 
to  fill  vacancies  occurring  among  the  candidates  of  their  re- 
spective parties  nominated  for  city  or  county  offices  by  the 
primary  nominating  election,  where  such  vacancy  is  caused 
by  death  or  removal  from  the  electoral  district,  but  not  other- 
wise. Said  committees  shall  meet  and  organize  by  electing  a 


64  STATUTES   RELATING  TO  ELECTIONS. 


chairman  and  secretary  within  five  days  after  the  candidates 
of  their  respective  political  parties  shall  have  been  nominated. 
They  may  select  managing  or  executive  committees  and 
authorize  such  subcommittees  to  exercise  any  and  all  powers 
conferred  upon  the  county,  city,  state,  and  congressional  cen- 
tral committees  respectively  by  this  law. 

§  44.     Penalty  for  Violation  of  Law. 

If  any  candidate  for  nomination  shall  be  guilty  of  any 
wrongful  or  unlawful  act  or  acts  at  a  primary  nominating 
election  which  would  be  sufficient,  if  such  wrongful  or  unlaw- 
ful act  or  acts  had  been  done  by  such  candidate  at  the  regular 
general  election,  to  cause  his  removal  from  office,  he  shall, 
upon  conviction  thereof,  be  removed  from  office  in  like  manner 
as  though  such  wrongful  or  unlawful  act  or  acts  had  been 
committed  at  a  regular  general  election,  notwithstanding  that 
he  may  have  been  regularly  elected  and  shall  not  have  been 
guilty  of  any  wrongful  or  unlawful  act  at  the  election  at 
which  he  shall  have  been  elected  to  his  office. 

§  45.     Penalty  for  Bribery,  Etc. 

The  provisions  of  Sections  1900,  1901,  1902,  1903,  1904, 
1905,  1906,  1907,  1908,  1909,  1910,  1911,  1912,  and  1975  of 
Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of  Ore- 
gon, shall  apply  to  and  are  hereby  made  applicable  to  primary 
nominating  elections  held  under  the  provisions  of  this  law. 

§  46.     Repealing  Certain  Sections  of  Code. 

Sections  2880,  2881,  2882,  2883,  2884,  2885,  2886,  2887, 
2888,  2889,  2890,  2891,  2892,  2893,  2894,  2895,  2896,  2897, 
2898,  2899,  2900,  2901,  2902,  2903,  2904,  2906,  2907, 
2908,  2909,  2910,  2913,  2914,  2915,  2916,  2917,  2918,  2919, 
2920,  and  Section  2890  of  Bellinger  and  Cotton's  Annotated 
Codes  and  Statutes  of  Oregon,  as  amended  by  an  act  entitled 
"An  act  to  amend  Section  2890,  title  XXVIII,  chapter  X  of 
Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of  the 
State  of  Oregon,  relating  to  hours  of  election,"  approved  Feb- 
ruary 24,  1903,  and  published  on  page  213  of  the  General  Laws 
of  Oregon  of  the  Legislative  Assembly  of  1903,  shall  be  and  the 
same  are  hereby  repealed,  and  all  other  acts  and  parts  of  acts 
in  conflict  with  this  law,  or  any  part  thereof,  so  far  as  the 
same  shall  relate  to  primary  elections,  primary  nominating 
elections,  or  the  procedure  for  any  such  elections  under  this 
law,  shall  be  and  the  same  are  hereby  repealed  so  far  as  the 
same  relate  to  primary  nominating  elections. 

NOTE:  The  foregoing  act  was  proposed  by  the  people  by  initiative  petition 
and  approved  by  a  majority  of  the  votes  cast  thereon  at  the  general  election 
held  June  6,  1904.  There  were  56,285  votes  cast  for  said  law,  and  16,354  against, 
and  under  the  provisions  of  law,  by  a  proclamation  of  the  Governor,  dated  June 
24,  1904,  took  effect  on  said  date.  SECRETARY  OF  STATE. 


STATUTES  RELATING  TO  ELECTIONS.  65 


§  2905.     Provisions  of  Australian  Ballot  Law  Applicable. 

The  following  sections  of  the  act,  commonly  known  as  the 
"Australian  Ballot  Law,"  approved  February  13,  1891,  at 
page  8,  shall  apply  to  elections  held  under  this  act,  namely, 
sections  15,  16,  17,  18,  19,  20,  21,  23,  24,  25,  26,  27,  28,  29, 
35,  36,  39,  40,  41,  42,  43,  48,  51,  52,  55,  56,  57,  59,  62,  63,  64, 
65,  66,  67,  69,  70,  and  71  [sections  2775  to  2781,  2783  to  2789 
2795,  2796,  2799  to  2803,  2808,  2811,  2812,  2815,  2816,  2817, 
2819,  2822  to  2827,  2829,  2830,  2831.]  [L.  1901,  p.  328,  §  26.] 

NOTE:  This  section  was  section  26  of  the  act  approved  February  28,  1901, 
providing  for  primary  elections  in  cities  having  a  population  of  more  than  ten 
thousand  inhabitants.  All  of  said  act,  except  this  section,  was  repealed  by  the 
direct  primary  nominating  elections  law,  adopted  by  the  people  at  the  general 
election  held  June  6,  1904,  and  although  it  appears  to  have  no  effect,  it  is  pub- 
lished with  this  compilation  for  the  reason  that  it  still  remains  on  the  statute 
books. 

§  2911.  Penalty  for  Voting  Illegally,  or  Improperly  Influenc- 
ing Voters,  or  Tampering  with  Ballots. 
Any  person  voting  or  offering  to  vote  at  any  such  election 
who  would  not  be  qualified  to  vote  in  the  election  precinct  at 
the  general  election  then  next  ensuing,  or  who  has  voted  at  the 
primary  election  of  any  other  political  party  or  association  held 
for  the  purpose  of  electing  delegates  to  any  convention  at  which 
the  candidates  of  the  respective  parties  are  to  be  chosen  for  the 
ensuing  election,  or  who  shall  vote  more  than  once  at  the  same 
or  different  polls  on  the  same  day  at  the  same  primary  election, 
or,  knowing  that  he  is  not  a  qualified  voter  at  such  election, 
wilfully  votes  or  offers  to  vote  at  such  election,  or  wilfully  aids 
or  abets  any  one  not  qualified  to  vote  at  such  primary  election 
in  voting  or  attempting  to  vote  at  such  election,  or  by  offering 
or  giving  or  promising  to  give  a  reward  or  bribe  or  money, 
or  any  valuable  consideration,  either  directly  or  indirectly, 
to  attempt  to  influence  or  to  influence  any  voter  in  giving 
or  withholding  his  vote  at  such  election,  or  by  bribery  or  by 
corrupt  or  unlawful  means  prevents  or  attempts  to  prevent 
any  voter  from  attending  or  voting  at  such  election ;  or  if  any 
one  places  any  ballot  in  any  ballot  box  in  use  at  such  election 
which  has  not  been  regularly  voted  and  permitted  to  be  voted 
by  the  judges  thereat,  or  any  one  concealing  or  destroying 
or  removing  any  ballot  from  such  ballot  box  for  the  purpose 
of  destroying  or  altering  the  same,  or  changing  the  result  of 
the  election,  or  for  any  purpose  except  for  the  purpose  of 
counting  such  ballots  after  the  polls  are  closed,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  $50  nor  more  than  $200, 
or  by  imprisonment  in  the  county  jail  not  less  than  two  nor 
more  than  six  months,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court.  [L.  1891,  p.  6  §  6.] 


66  STATUTES  RELATING  TO  ELECTIONS. 


§  2912.     Challenges — Oath    Required — Refusal    to    Answer 

Questions — Attempt  to  Vote  by  Rejected  Voter. 
If  any  person  offering  to  vote  at  any  primary  election  be 
challenged  by  a  judge  or  any  qualified  elector  at  said  election 
as  to  his  right  to  vote  thereat,  an  oath  shall  be  administered  to 
him  by  one  of  the  judges  that  he  will  truly  answer  all  questions 
touching  his  right  to  vote  at  such  election,  and  if  he  refuse  to 
answer  any  question  which  may  be  put  to  him  touching  his 
right  to  vote  at  such  election,  or  if  it  appear  that  he  is  not  a 
qualified  voter  under  the  provisions  of  this  act,  his  vote  shall 
be  rejected;  and  if  any  person  whose  vote  has  been  so  rejected 
shall  offer  to  vote  at  the  same  election  at  any  other  polling- 
place,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
punished  as  provided  in  section  2911.  [L.  1891,  p.  6,  §  7.] 

CHAPTER  II. 
OF  THE  NOMINATION  OF  CANDIDATES 

§  2791.     Nomination  by  Political  Party  or  Electors. 

Any  political  party,  and  any  assembly  of  electors  as  here- 
inafter defined,  and  also  individual  electors  to  the  number 
hereinafter  specified,  by  causing  a  certificate  of  nomination 
to  be  duly  prepared  and  filed  in  the  manner  hereinafter 
provided,  may  nominate  one  candidate  for  each  public  office 
to  be  filled  at  the  election,  whose  name  shall  be  placed  upon 
the  ballots  to  be  furnished  as  hereinafter  provided.  A  political 
party,  within  the  meaning  of  this  act,  is  an  affiliation  of 
electors  representing  a  political  party  which,  at  the  general 
election  next  preceding,  polled  at  least  five  per  cent  of  the 
entire  vote  cast  in  the  State,  county,  precinct,  or  other  electoral 
district  for  which  the  nomination  is  made  for  representation  in 
Congress,  or  which  shall  present  a  petition  with  the  signatures 
of  at  least  five  per  cent  of  the  electors  of  that  district,  stating 
their  intention  to  form  a  new  political  party,  giving  the 
designation  thereof.  An  assembly  of  electors,  within  the 
meaning  of  this  act,  is  an  organized  body  of  not  less  than  one 
hundred  electors  of  the  state  or  electoral  division  thereof  for 
which  the  nomination  is  made.  [L.  1891,  p.  18,  §  31;  H.  C. 
p.  1184;  L.  1901,  p.  361,  §  14.  ] 

§  2792.     Certificates  of  Nomination — Verified  by  Affidavit. 

Every  such  certificate  of  nomination  made  by  such  political 
party  or  assembly  may  contain  the  name  of  one  candidate  for 
each  office  to  the  filled  at  the  election.  It  shall  state  such  facts 
concerning  the  party  or  assembly  as  are  required  by  section 
31  of  this  act  for  its  acceptance  and  as  are  required  to  be 


STATUTES  RELATING  TO  ELECTIONS.  67 


stated  therein  by  section  34  of  this  act.  In  conclusion,  it  shall 
be  signed  by  the  presiding  officer  and  secretary  of  the  party  or 
assembly  by  which  it  purports  to  be  made,  and  an  affidavit 
shall  be  made  thereon  by  such  presiding  office  and  secretary, 
and  subscribed  and  sworn  to  (or  affirmed)  by  them  before 
some  person  authorized  to  administer  oaths,  to  the  effect  that 
the  statements  therein  are  true,  and  the  certificate  of  the  oath 
or  affirmation  shall  accompany  the  certificate  of  nomination. 
[L.  1891,  p.  18,  §  32;  H.  C.  p.  1184;  L.  1901,  p.  362,  §  15.] 

§  2793.     Percentage  of  Electors  to  Nominate. 

Every  such  certificate  of  nomination  made  by  individual 
electors,  as  aforesaid,  of  a  candidate  for  any  office  to  be 
filled  by  the  electors  of  the  State  at  large,  or  for  members  of 
Congress,  shall  be  signed  by  not  less  than  two  per  cent  of  the 
electors  of  the  state  or  congressional  district;  and  of  a  candi- 
date for  an  office  to  be  filled  by  the  electors  of  an  electoral 
district  or  county  of  the  State,  shall  be  signed  by  not  less  than 
three  per  cent  of  the  electors  of  such  district  or  county ;  and  of 
a  candidate  for  any  office  to  be  filled  by  the  electors  of  a 
precinct  or  for  the  office  of  constable  or  justice  of  the  peace, 
shall  be  signed  by  not  less  than  three  per  cent  of  the  electors 
of  such  precinct  or  justice  of  the  peace  district.  For  the 
purpose  of  this  section,  the  number  of  electors  shall  be  deter- 
mined by  the  vote  last  cast  for  governor  or  presidential 
electors,  as  the  case  may  be.  Each  elector  signing  a  certificate 
of  nomination  shall  add  to  his  signature  his  place  of  residence, 
with  the  street  and  number  thereof,  if  any,  and  each  elector 
shall  be  qualified  to  subscribe  to  only  one  such  certificate  of 
nomination  for  each  office  to  be  filled  at  the  election.  Except 
in  the  case  of  electors  of  President  and  Vice  President  of  the 
United  States,  every  such  certificate  of  nomination  made  by 
individual  electors  shall  contain  the  name  of  only  one  candi- 
date. At  least  two  of  the  signers  to  each  such  certificate  of 
nomination  made  by  individual  electors  shall  swear  (or  affirm) 
before  some  person  qualified  to  administer  oaths  that  the 
statement  and  signatures  therein  are  true,  and  that  the  requi- 
site number  of  signers  thereto  are  qualified  to  make  such 
nomination,  and  the  certificate  of  such  oath  or  affirmation 
shall  be  annexed  to  the  certificate  of  nomination.  [L.  1891, 
p.  19,  §33;  H.  C.  p.  1185;  L.  1901,  p.  362,  §  16.] 

§  2794.     What  Certificates  of  Nomination  Shall  State. 

All  certificates  of  nomination  shall  state  such  facts  as  are 
required  by  this  act,  and  also  (1)  the  name  of  the  candidate; 
(2)  the  office  for  which  he  is  nominated;  (3)  the  party  or 
political  principle  which  he  represents,  expressed  in  not  more 
than  three  words;  (4)  his  place  of  residence,  with  street  and 


68  STATUTES  RELATING  TO  ELECTIONS. 

number  thereof,  if  any.  In  case  of  electors  of  President  and 
Vice  President  of  the  United  States,  the  names  of  the  candi- 
dates for  President  and  Vice  President  they  represent  may  be 
added  to  the  party  or  political  appellation,  and  the  names  of 
all  the  nominees  for  electors  of  President  and  Vice  President 
may  be  upon  the  same  certificate  of  nomination.  [L.  1891, 
p.  19,  §  34;  H.  C.  p.  1185.] 

§  2795.     Qualifications  of  Nominating  Electors. 

No  person  who  is  not  an  elector  shall  be  qualified  to  join  in 
nominating  any  candidate.  No  elector  shall  be  qualified  to  join 
in  a  certificate  of  nomination  made  by  individual  electors  in 
nominating  more  than  one  person  for  each  office  to  be  filled. 
No  person  shall  be  qusriified  to  be  a  candidate  for  more  than 
one  office  to  be  filled  at  the  same  election.  [L.  1891,  p.  19,  §  35 ; 
H.  C.  1186.] 

§  2796.     Acceptance  of  Nomination. 

A  certificate  of  nomination  may  be  accompanied  by  the 
acceptance  of  the  nominee,  in  which  case  the  acceptance  shall 
be  indorsed  upon  the  certificate  of  nomination  and  signed  by 
the  nominee,  or  it  may  be  by  letter  or  telegram  from  the 
nominee  attached  to  the  certificate  of  nomination  and  filed 
therewith.  If  the  certificate  of  nomination  is  not  thus  accom- 
panied by  the  acceptance  of  the  nominee,  he  may  at  any  time 
after  the  certificate  of  nomination  is  filed,  and  before  the  time 
for  filing  nominations  for  such  office  has  expired,  file  his  ac- 
ceptance thereof  in  the  same  manner  in  the  same  office  where 
the  certificate  of  nomination  is  filed.  The  officer  with  whom  it  is 
filed  shall  indorse  the  same  and  attach  it  to  the  certificate  of 
nomination  to  which  it  refers.  Several  different  certificates 
of  nomination  may  thus  be  filed  nominating  the  same  person 
for  the  same  office,  and  the  person  so  nominated  may  accept 
one  or  more  of  such  nominations.  But  unless  such  nominee 
accepts  the  nomination  in  some  one  of  the  ways  and  within 
the  time  aforseaid,  it  shall  not  be  considered  as  completed. 
[L.  1891,  p.  19,  §  36;  H.  C.  p.  1186;  L.  1901,  p.  363,  §  17.] 

§  2797.     Certificates  of  State  Nomination — When  Filed. 

All  certificates  of  nomination  of  candidates  for  offices  to 
be  filled  by  the  electors  of  the  State  at  large  and  for  members 
of  Congress  shall  be  filed  with  the  Secretary  of  State.  If 
such  certificate  of  nomination  be  made  by  a  convention  or 
assembly,  it  shall  be  filed  with  the  Secretary  of  State  not  more 
than  one  hundred  (100)  days  and  not  less  than  forty-five  (45) 
days  before  the  day  fixed  by  law  for  the  election.  If  such 
certificate  of  nomination  be  made  by  individual  electors,  it 
shall  be  filed  with  the  Secretary  of  State  not  more  than  one 


STATUTES  RELATING  TO  ELECTIONS.  69 

hundred  (100)  and  not  less  than  thirty  (30)  days  before  the 
day  fixed  by  law  for  the  election.  [L.  1891,  p.  20,  §  37;  H.  C. 
p.  1187.] 

§  2798.     Certificates  of  District  Nomination —  When  Filed. 

All  certificates  of  nomination  of  candidates  for  offices  to  be 
filled  by  the  electors  of  an  electoral  district,  other  than  a 
congressional  district,  or  county,  or  precinct,  shall  be  filed  with 
the  county  clerk  of  the  county;  and  if  such  electoral  district 
embraces  more  than  one  county,  then  a  duplicate  thereof 
shall  be  filed  wnn  the  county  clerk  of  each  county  within  such 
electoral  district.  If  such  certificate  of  nomination  be  made  by 
a  political  party  or  assembly,  it  shall  be  filed  with  such  county 
clerk  or  clerks  not  more  than  one  hundred  (100)  days  and 
not  less  than  thirty  (30)  days  before  the  day  fixed  by  law 
for  the  election.  If  such  certificate  of  nomination  be  made  by 
individual  electors,  it  shall  be  filed  with  such  county  clerk  or 
clerks  not  more  than  one  hundred  (100)  days  and  not  less 
than  fifteen  (15)  days  before  the  day  fixed  by  law  for  the 
election  [L.  1891,  p.  20,  §  38;  H.  C.  p.  1187;  L.  1901  p.  364, 
§  18.] 

§  2799.     Register  of  Nominations. 

Immediately  after  each  certificate  of  nomination  is  filed, 
the  county  clerk  shall  enter  in  a  book  marked  ' 'Register  of 
Nominations,"  the  date  when  the  certificate  was  filed  with  him, 
the  name  of  each  candidate,  the  office  for  which  he  is  nomi- 
nated, and  the  name  of  the  party  or  convention  or  assembly 
making  the  nomination,  together  with  the  names  of  the 
chairman  and  secretary  certifying  the  same;  and  in  case  the 
certificate  of  nomination  is  made  by  individual  electors,  the 
names  of  the  two  signers  who  make  oath  thereto,  and  the 
total  number  of  signatures  thereto.  As  soon  as  the  acceptance 
or  withdrawal  of  the  candidate  is  filed,  it  shall  also  be  entered 
upon  said  register.  [L.  1891,  p.  20,  §  39;  H.  C.  p.  1187.] 

§  2800.     Copies  of  Records. 

All  such  certificates  of  nomination,  acceptances,  and  with- 
drawals, as  soon  as  filed,  shall  be  public  records,  and  shall  be 
open  to  public  inspection  under  proper  regulation;  and  when 
a  copy  of  any  certificate  of  nomination,  acceptance,  or  with- 
drawal is  presented  at  the  time  the  original  is  filed,  or  at  any 
time  thereafter,  and  a  request  is  made  to  have  such  copy 
compared  and  certified,  the  officer  with  whom  such  certificate 
of  nomination  was  filed  shall  forthwith  compare  such  copy 
with  the  original  on  file,  and,  if  necessary,  correct  the  copy 
and  certify  and  deliver  the  copy  to  the  person  who  presented 
it.  All  certificates  of  nomination,  acceptances,  withdrawals, 


70  STATUTES  RELATING  TO  ELECTIONS. 


poll  books,  tally  sheets,  ballots,  and  ballot  stubs  shall  be 
preserved  as  other  records  are  for  two  years  after  the  elec- 
tion to  which  they  pertain,  at  which  time,  unless  otherwise 
ordered  or  restrained  by  some  court,  the  county  clerk  shall 
destroy  the  ballots  and  ballot  stubs  by  fire  without  any  one 
inspecting  the  same.  [L.  1891,  p.  21,  §40;  H.  C.  p.  1188.] 

§  2801.     Withdrawing  Nomination. 

Any  person  who  has  been  nominated  and  accepted  some 
nomination,  as  provided  in  this  act,  may  cause  his  name  to 
be  withdrawn  from  nomination  at  any  time  prior  to  election 
by  a  writing,  declining  the  nomination,  stating  the.  reason, 
signed  and  acknowledged  by  him  before  some  officer  authorized 
by  the  laws  of  this  State  to  take  acknowledgment  of  deeds, 
and  certified  by  such  officer,  and  by  filing  the  same  with  the 
Secretary  of  State  or  county  clerk  or  clerks  with  whom  the 
certificate  nominating  him  as  a  candidate  was  filed.  Such 
withdrawal  may  be  sent  by  telegram  to  the  Secretary  of  State 
through  a  county  clerk,  as  provided  by  section  44  of  this  act 
in  case  of  certificates  of  nomination.  [L.  1891,  p.  21,  §  41; 
H.  C.  p.  1188.] 

§  2802.     Notice  of  Death  or  Withdrawal. 

If  any  person  nominated  as  herein  provided  dies  or  with- 
draws before  the  day  fixed  by  law  for  the  election,  and  the 
fact  of  the  death  becomes  known  to  the  satisfaction  of  the 
officer,  the  Secretary  of  State  or  county  clerk  or  clerks  in 
whose  offices  the  certificate  of  nomination  nominating  sucn 
person  was  filed,  shall  forthwith  give  notice  by  posting  a 
certificate  of  the  fact  in  a  conspicuous  place  in  his  office.  In 
every  such  case  the  name  of  the  candidate  who  has  died  shall 
not  be  printed  upon  the  ballots,  and  if  already  printed,  shall 
be  erased  or  canceled  before  the  ballots  are  delivered  to  the 
electors.  [L.  1891,  p.  21,  §  42;  H.  C.  p.  1189.] 

§  2803.     Nomination  to  Fill  Vacancy. 

If  the  original  nomination  thus  vacated  was  made  by  a 
political  party  or  assembly,  and  such  party  or  assembly  can 
reconvene,  it  may  fill  the  vacancy  before  the  day  fixed  by 
law  for  the  election.  If  the  party  or  assembly  has  delegated 
to  a  committee  the  power  to  fill  such  vacancies,  such  committee 
may  likewise  fill  the  same.  In  every  case  where  the  original 
candidate  dies  or  withdraws  as  many  certificates  of  nomin- 
ation made  by  electors  to  fill  the  same  office  shall  be  filed 
as  are  duly  presented  to  the  proper  officer  before  the  day 
fixed  by  law  for  the  election.  The  certificate  to  fill  such 
vacancy  shall  substantially  conform  with  the  requirements 
for  an  original  certificate  of  nomination,  and  shall  be  filed 


STATUTES  RELATING  TO  ELECTIONS.  71 

with  the  same  officer  the  original  certificate  was  filed  with. 
[L.  1891,  p.  21,  §  43;  H.  C.  p.  1189;  L.  1901,  p.  364,  §  19.] 

§  2804.     Certificate  to  Fill  Vacancy — How  Filed. 

When  such  original  certificate  of  nomination  thus  vacated 
was  filed  with  the  Secretary  of  State,  the  certificate  to  fill  the 
vacancy  thus  occasioned  shall  be  filed  with  him,  and  it  may  be 
filed  directly  with  the  Secretary  of  State,  or  in  the  following 
manner :  it  may  be  presented  in  duplicate  to  any  county  clerk, 
who  shall  file  one  of  the  certificates  in  his  office,  and  upon 
being  tendered  the  cost  of  transmitting  the  same,  it  shall  be 
the  duty  of  such  county  clerk  to  forthwith  cause  the  cer- 
tificate of  nomination  to  be  telegraphed  to  the  Secretary  of 
State,  and  repeated  back;  and  he  shall  also  forthwith  mail 
the  duplicate  thereof  by  registered  letter  to  the  Secretary  of 
State.  The  Secretary  of  State  shall  file  said  telegraphic  copy 
of  the  certificate,  the  same  as  if  it  was  the  original,  and  he 
shall  also  file  the  duplicate  when  the  same  arrives  by  mail. 
The  Secretary  of  State  shall,  in  certifying  the  nomination  to 
the  several  county  clerks,  omit  the  name  or  names  of  all 
such  candidates  filed  with  him  who  die  or  withdraw,  as 
aforesaid,  and  instead  thereof  he  shall  certify  the  name  or 
names  of  the  persons  who  have  thus  been  nominated  to  fill 
such  vacancy.  In  the  event  that  he  has  already  sent  forth  his 
certificate,  he  shall  forthwith  certify  to  each  county  clerk  by 
telegraph,  if  necessary,  the  name  and  residence  of  each  person 
so  nominated  to  fill  such  vacancy,  the  office  he  is  nominated 
for,  the  party  or  principle  he  represents,  and  the  name  of 
the  person  for  whom  such  nominee  or  nominees  are  sub- 
stituted. Every  county  clerk  shall  proceed  thereafter  in 
conformity  with  said  later  certifications.  [L.  1891, p.  22,  §  44; 
H.  C.  p.  1189.] 

§  2805.     Arrangement  and  Notice  or  Nomination. 

Not  more  than  thirty  (30)  days  and  not  less  than  twenty- 
eight  (28)  days  before  the  day  fixed  by  law  for  the  election, 
the  Secretary  of  State  shall  arrange,  in  the  manner  provided 
in  this  act  for  the  arrangement  of  the  names  and  other 
information  upon  the  ballots,  all  the  names  and  other  iniorma- 
tion  concerning  all  the  candidates  contained  in  the  certificates 
of  nomination  which  have  been  filed  with  him,  and  accepted 
by  the  nominees,  in  accordance  with  the  provisions  of  this 
act,  and  he  shall  forthwith  certify  the  same  under  the  seal 
of  the  State  and  file  the  same  in  his  office,  and  make  and 
transmit  a  duplicate  thereof  by  registered  letter  to  the  county 
clerk  of  each  county  in  the  State;  and  he  shall  also  post  a 
duplicate  thereof  in  a  conspicuous  place  in  his  office  and  keep 


72  STATUTES  RELATING  TO  ELECTIONS. 


the  same  posted   until   after   said   election   has   taken   place. 
[L.  1891,  p.  22,  §  45;  H.  C.  p.  1190.] 

§  2806.     Arrangement  of  Ballots  and  Notice. 

Not  more  than  fifteen  (15)  and  not  less  than  twelve  (12) 
days  before  the  day  fixed  by  law  for  the  election,  the  county 
clerk  of  each  county  shall  arrange,  in  the  manner  provided 
by  this  act  for  the  arrangement  of  the  names  and  other  inform- 
ation upon  the  ballot,  all  the  names  and  otner  information 
concerning  all  the  candidates  contained  in  the  certificates  of 
nomination  which  have  been  filed  with  him  and  accepted  by 
the  nominees,  and  which  have  been  certified  to  him  by  the 
Secretary  of  State  in  accordance  with  the  provisions  of  this 
act,  and  he  shall  forthwith  certify  the  same  under  the  seal  of 
the  county  court  and  file  the  same  in  his  office,  and  make 
and  post  a  duplicate  thereof  in  a  conspicuous  place  in  his 
office,  and  keep  the  same  posted  until  after  the  election  has 
taken  place;  and  he  shall  forthwith  proceed  and  cause  to  be 
printed,  according  to  law,  the  colored  or  sample  ballots  and 
the  white  ballots  required  by  this  act.  [L.  1891,  p.  23,  §  46; 
H.  C.  p.  1190.] 

§  2807.     Ballots  Printed  and  Furnished  by  County  Clerk. 

The  county  clerk  of  each  county  shall  cause  to  be  printed, 
according  to  law,  all  the  ballots  required  under  the  provisions 
of  this  act,  and  shall  furnish  the  same  in  the  manner  here- 
inafter provided  for  use  of  all  electors  in  the  county.  Ballots 
other  than  those  furnished  by  the  respective  county  clerks 
according  the  provisions  of  this  act  shall  not  be  used  or  cir- 
culated, or  cast  or  counted,  in  any  election  provided  for  in 
this  act.  [L.  1891,  p.  23,  §  48;  H.  C.  p.  1190.] 

§  2808.     Directions  as  to  Ballots  and  Sample  Ballots. 

All  ballots  designed  to  be  voted  shall  be  printed  in  black  ink 
upon  a  good  quality  of  white  paper,  and  shall  be  alike  and  of 
the  same  size  in  the  same  county  at  the  same  election.  Dup- 
licate impressions  of  the  same  shall  be  printed  upon  cheaper 
colored  paper,  so  as  to  be  readily  distinguished  from  the 
white  ballots.  These  colored  ballots  shall  be  used  solely  as 
sample  ballots  for  the  information  and  convenience  of  the 
voters,  and  shall  not  be  voted,  ana,  if  voted,  shall  not  be 
counted.  [L.  1891,  p.  23,  §  48;  H.  C.  p.  1191.] 


STATUTES  RELATING  TO  ELECTIONS.  73 


TITLE   VIII 

OF  ELECTIONS 

CHAPTER  I.     OF  THE  TIME  AND  MANNER  OF  HOLDING 

EJECTIONS §  2761 

II.    OF  THE  NOMINATION  OF  CANDIDATES....§  2791 

III.  OF    BALLOTS §  2809 

IV.  OF  POLLING  PLACES,  AND  PROVISION 

FOR  VOTING §  2816 

VIII.     OF  PRESIDENTIAL  ELECTORS §  2856 

IX.    OF  REGISTRATION  OF  VOTERS §  2860 

CHAPTER  I. 

OF  THE  TIME   AND   MANNER  OF   HOLDING  ELECTIONS' 

§  2761.     Time  of  Election— Officers  to  be  Elected. 

A  general  election  shall  be  held  in  the  several  election 
precincts  in  this  State  on  the  first  Monday  in  June,  1892,  and 
biennially  thereafter,  at  which  there  shall  be  chosen  so  many 
of  the  following  officers  as  are  by  law  to  be  elected  in  such 
year,  namely,  a  governor,  secretary  of  State,  state  treasurer, 
superintendent  of  public  instruction,  state  printer,  justices 
of  the  supreme  court,  members  of  Congress,  circuit  judges, 
members  of  the  state  senate  and  house  of  representatives, 
county  judges,  district  attorneys,  county  superintendents  of 
common  schools,  commissioners  of  the  county  court,  county 
clerks,  sheriffs,  county  treasurers,  coroners,  assessors,  county 
surveyors,  justices  of  the  peace,  and  constables,  and  all  other 
state,  district,  county,  and  precinct  officers  provided  by  law. 
[L.  1891,  p.  9,  §  1 ;  H.  C.  p.  1172.] 

NOTK:  A  constitutional  amendment,  adopted  by  the  people  June  1.  1908, 
changes  the  date  of  the  regular  biennial  election  to  the  first  Tuesday  after 
the  first  Monday  in  November. — Secretary  of  State. 

Elections  for  school  directors  are  not  general  elections,  and  not  being  held 
in  pursuance  of  the  Governor's  writ  are  not  special  elections,  and  the  general 
election  laws  do  not  apply  thereto:  Breeding  v.  Williams,  37  Or.  436,  61  Pac.  858. 

§  2762.     Election  Precincts. 

It  shall  be  the  duty  of  the  county  court  in  the  several 
counties  of  the  State,  at  the  regular  term  in  July  preceding 
the  general  election,  to  set  forth  and  establish  election  pre- 
cincts within  the  county.  Said  court  may  set  off  and  establish 
within  such  county  as  many  election  precincts  as  may  be 
deemed  necessary  or  convenient,  and  they  shall  be  designated 


74  STATUTES  RELATING  TO  ELECTIONS. 


by  numbers  or  names;  provided,  that  no  election  precinct 
shall  contain  more  than  three  hundred  electors,  as  nearly  as 
may  be  ascertained  by  the  court  and  shall  particularly  bound 
the  same.  [L.  1891,  p.  9,  §  2 ;  H.  C.  p.  1172 ;  L.  1901,  p.  351,  §  2 ; 
L.  1909,  p.  160.] 

§  2763.     Election  Judges — Qualifications  and  Duties. 

The  county  court  shall  at  the  regular  term  in  January 
preceding  a  general  election,  appoint  three  judges  and  three 
clerks  of  election  for  each  election  precinct,  to  serve  for  the 
period  of  two  years,  and  shall  designate  one  judge  to  be 
chairman.  Said  judges  and  clerks  shall  each  be  duly  qualified 
electors  within  the  precinct  for  which  they  are  appointed; 
able  to  read,  write,  and  speak  the  English  language;  not  a 
candidate  for  an  elective  office  to  be  voted  for  at  the  ensuing 
election.  No  more  than  two  judges  and  two  clerks  shall  be  mem- 
bers of  the  same  political  party,  and  they  shall  be  appointed 
from  the  two  political  parties  which  respectively  cast  the  high- 
est and  next  highest  number  of  votes  for  the  presidential 
electors  of  the  United  States  at  the  last  preceding  presidential 
election.  At  least  ten  days  before  any  election  authorized 
by  law,  the  county  court  shall  designate  one  polling  place  in 
each  precinct,  and  fill  all  vacancies  that  may  happen  among 
said  judges  and  clerks  by  reason  of  death,  removal  from  the 
precinct,  disqualification,  or  excused  by  the  board  for  good 
and  sufficient  cause.  The  said  judges  and  clerks  shall  meet 
at  8  o'clock  A.  M.  at  their  respective  polling  places,  at  the 
times  prescribed  by  law  for  holding  a  general  or  special  or 
presidential  election,  to  act  as  judges  and  clerks  of  such 
election  until  relieved  by  the  second  board.  [L.  1891,  p.  9, 
§  3;  H.  C.  p.  1172;  L.  1901,  p.  351,  §  3.] 

§  2764.     Additional  Judges  and  Their  Meetings. 

In  all  election  precincts  in  which  were  cast  one  hundred 
and  fifty  (150)  or  more  ballots  at  the  last  general  election, 
or  in  which  the  county  court  believes  that  many  ballots  will 
be  cast  at  the  next  general  election,  the  county  court  may 
likewise,  at  said  January  term,  appoint  a  second  or  additional 
board,  consisting  of  three  judges  and  three  clerks  for  each 
precinct,  who  shall  hold  their  offices  for  two  years,  and  who 
shall  possess  the  same  qualifications  and  exercise  the  same 
authority  as  the  first  board  mentioned  in  section  2763.  The 
judges  and  clerks  constituting  the  second  board,  for  each 
precinct,  shall  meet  at  7  o'  clock  P.  M.  at  their  respective 
polling  places,  as  designated  in  the  order  appointing  them, 
at  the  times  prescribed  by  law  for  holding  a  direct  primary 
election,  a  general  or  special,  or  presidential  election,  and  at 


STATUTES  RELATING  TO  ELECTIONS.  75 


the  said  hour  of  seven  (7)  o'clock  P.  M.  shall  relieve  and  take 
the  place  of  the  said  first  board,  and  shall  forthwith  proceed 
to  count  and  tally  the  ballots,  in  the  manner  prescribed  by 
law.  In  case  the  count  is  not  completed  by  seven  (7)  o'clock 
A.  M.  of  the  next  following  day,  the  said  first  board  shall 
reconvene  and  relieve  the  second  board,  and  continue  said 
count  until  seven  (7)  o'clock  P.  M.,  when,  if  the  count  is 
not  yet  completed,  the  second  board  shall  reconvene  and  again 
relieve  the  first  board,  and  so,  alternately,  until  said  boards 
have  fully  completed  the  count  and  certified  the  returns. 
Judges  and  clerks  constituting  the  first  board,  before  being 
relieved  by  the  second  board  at  seven  (7)  o'clock  P.  M.  of  the 
first  day,  shall  certify  and  sign  the  poll  books  as  required  by 
section  22  of  the  Australian  ballot  law  [section  2782].  The 
judges  and  clerks  constituting  the  several  boards  shall  number 
the  ballots  and  count  the  tallies  upon  the  tally  sheets,  as 
hereinafter  provided,  and  certify  the  returns,  so  as  to  dis- 
tinctly show  the  work  of  each  board  separately.  [L.  1891,  p.  10, 
§  4;  H.  C.  p.  1173;  L.  1901,  p.  352,  §  4.] 

§  2765.     List  of  Judges  to  be  Posted — Remonstrances — Elec- 
tion Notices. 

Immediately  after  the  appointment  of  said  judges  and  clerks 
at  said  January  term,  as  required  by  sections  2763  and  2764, 
the  clerk  of  the  county  court  shall  make  a  complete  list,  and 
certify  the  same,  showing  the  names  of  the  judges  and  clerks 
so  appointed  for  each  precinct,  and  post  the  same  in  a  con- 
spicuous place  in  his  office,  and  keep  the  same  posted  for 
three  months.  All  electors  shall  thereupon  be  entitled  to 
make  and  file  with  the  county  clerk,  without  charge,  their 
objections,  remonstrances,  and  suggestions,  in  respect  to  said 
appointments,  with  a  view  to  have  said  appointments  revised 
by  the  court.  At  10  o'clock  A.  M.  on  the  second  Wednesday 
of  the  following  February  term  of  the  several  county  courts 
is  hereby  designated  as  the  time  at  which  the  county  court 
shall  hear  all  objections,  remonstrances,  and  suggestions  from 
electors  in  regard  to  the  said  appointments  of  the  said  judges 
and  clerks,  and  the  court  shall  continue  in  session  from 
day  to  day,  without  permitting  other  business  to  interfere 
therewith,  until  all  such  objections,  remonstrances,  and  sug- 
gestions are  heard  and  determined,  and  the  decisions  of  the 
court  made  and  announced.  When  said  appointments  have 
been  announced  at  said  February  term,  the  county  clerk  shall 
forthwith  make  a  complete  and  revised  list  of  the  judges  and 
clerks  so  last  appointed,  and  certify  the  same,  showing  the 
names  of  the  judges  and  clerks  so  appointed  for  each  precinct, 
and  keep  the  same  in  a  conspicuous  place  in  his  office  for 


76  STATUTES  RELATING  TO  ELECTIONS. 


two  years,  for  public  inspection.  The  clerk  shall  then 
immediately  proceed  and  notify  each  of  said  appointees,  by 
mail,  of  his  appointment,  and  request  his  acceptance  in 
writing.  The  clerk  shall  procure  a  notification  book,  substanti- 
ally in  the  following  form,  and  use  the  same  in  notifying 
said  appointees  and  preserving  a  record  of  the  matter : 

Notice  No.  '.-.  Acceptance  No.  __ 


Tn 

Name [Note — Any  judge  or  clerk 

Post  office  address of  election  who  accepts  this 

appointment,  and  thereaf- 

Post  office  address ter  fails  to  attend  and  per- 
form his  duties,  is  subject 

You  are   hereby  notified    to  fine  and  imprisonment.] 
that  the  county  court  on 

,  19.-.,  appointed  you        I   hereby  accept  the  ap- 

Olerk,  or  judge  or  chair-     of  Precinct  No.  .„.     nointment  of  of  P!PC 

man,  Precinct  No ,    .        .....County,  Oregon,\o    f 

County,  Oregon,    serve  for  two  years.  tlon  for 

Please  sign  and  return  to    County,  Oregon,  for 

Da*  of  aPPOintment:  Z&g&SFSSSSS  Wank!  *™  yettl'S  'T  th'S  ""  "^ 

[r,.  s.] ,  OI  .--,  iv» — 

Clerk  of  the  county 

court  for 

County,  Oregon.  Appointee 

Immediately  upon  receipt  of  the  acceptance  of  the  appointee, 
the  clerk  shall  file  the  same  and  attach  the  acceptance  to 
the  stub.  The  judge  or  clerk  of  election  who  accepts  his 
appointment,  and  thereafter  fails  to  attend  promptly  and 
perform  his  duties  as  such  clerk  or  judge,  shall  be  deemed  in 
contempt  of  the  court,  and  shall  be  summarily  summoned  to 
appear  before  the  court,  and  in  every  case  of  wilful  neglect  to 
serve  shall  be  compelled  to  pay  the  costs  of  the  proceeding,  and 
shall  be  fined  and  imprisoned,  not  exceeding  $50  and  one 
month  in  the  county  jail,  in  the  discretion  of  the  county  judge. 
In  case  the  neglect  or  ommission  of  the  appointee  to  accept 
the  appointment  within  two  weeks  after  being  notified,  the 
court  shall  proceed  to  appoint  some  other  qualified  person, 
pursuing  the  same  open,  public,  and  fair  method  as  in  the 
first  instance,  and  likewise  in  the  case  of  vacancies  happening 
during  the  term  of  two  years  by  resignation,  death,  or  removal 
from  the  county.  It  shall  be  the  duty  of  the  county  clerk 
thirty  days  before  any  general  or  presidential  election,  and 
at  least  ten  days  before  any  special  election,  to  prepare  printed 
notices  of  the  election,  and  mail  two  of  said  notices  to  each 
judge  and  each  clerk  of  election  in  each  precinct,  and  it  shall 
be  the  duty  of  the  several  judges  and  clerks  to  immediately 
Dost  said  notices  in  public  places  in  their  respective  precincts. 
Said  notices  shall  be  in  the  following  form : 

ELECTION  NOTICE. 

Notice  is  hereby  given  that  on  the ,  19....,  at  the ,  in 

the  precinct  of ,  in  the  county  of ,  Oregon, 


STATUTES  RELATING  TO  ELECTIONS.  77 


[insert  character]  election  will  be  held  for  state,  district,  county,  precinct, 
and  other  officers,  namely  [here  name  the  offices  to  be  filled]  ;  which 
election  will  be  held  at  eight  o'clock  in  the  morning  and  will  continue 
until  seven  in  the  afternoon  of  said  day. 

Dated   this day   of ,    19 

,  County  Clerk. 

[L.  1891,  p.  10;  H.  C.  p.  1173;  L.  1901,  p.  352,  §  5.] 

§  2766.     Oath  of  Judges  and  Clerks. 

Before  entering  upon  the  discharge  of  their  duties,  the 
said  judges  and  clerks  shall  each  take  and  subscribe  the 
following  oath  in  each  of  the  poll  books,  which  oath  shall  be 
administered  by  any  officer  authorized  to  administer  oaths, 
or  the  chairman,  if  he  be  present,  and  if  not,  then  by  one  of 

the  judges:    "I, ,  do  solemnly  swear  (or  affirm)  that 

I  will  perform  the  duties  of  judge  of  election  (or  clerk,  as 
the  case  may  be,)  according  to  law;  that  I  will  studiously 
endeavor  to  prevent  fraud,  deceit,  and  abuse  in  conducting 
the  election."  [L.  1891,  p.  10,  §  6;  H:  C.  p.  1174.] 

§  2767.     Absent  Judge — Place,  How  Filled. 

In  case  one  or  more  of  such  judges  of  election  shall  not  be 
present  at  the  time  prescribed  by  law,  the  other  judges  and  the 
clerks  of  the  board  who  are  present  shall,  viva  voce.  elect  a 
qualified  person  to  act  as  judge  of  election  until  the  tardy 
appointee  arrives,  and  in  case  he  does  not  arrive  within 
one  half  hour,  to  serve  in  his  stead.  The  person  so  chosen, 
in  addition  to  his  other  qualifications,  shall  be  of  the  same 
politcial  affiliation  as  the  absent  official.  The  new  appointee 
shall  take  and  subscribe  the  official  oath  before  acting.  The 
compensation  allowed  the  substitute  shall  be  deducted  from  the 
pay  of  the  tardy  official.  [L.  1891,  p.  10,  §  7;  H.  C.  p.  1174; 
L.  1901,  p.  354,  §  6.] 

§  2768.     Absent    Clerk's    Places    Filled — Extra    Pens    and 

Pencils  Removed. 

In  case  one  or  more  of  said  election  clerks  shall  not  be 
present  at  the  time  prescribed  by  law,  the  judges  of  the 
election  board  shall,  viifa  voce,  elect  a  qualified  person  to  act 
as  clerk  of  election  until  the  tardy  appointee  arrives,  and  in 
case  he  does  not  arrive  within  one  half  hour,  to  serve  in  his 
stead.  The  person  so  chosen,  in  addition  to  the  other  quali- 
fications, shall  be  of  the  same  political  affiliation  as  the  absent 
official.  The  new  official  shall  take  and  subscribe  the  official 
oath  before  acting.  The  compensation  allowed  the  substitute 
shall  be  deducted  from  the  pay  of  the  tardy  official.  While 
the  counting  is  being  conducted,  no  one  of  the  board  shall  be 
allowed  to  have  at  or  in  his  hands  any  pencil  or  pen  of  any 


78  STATUTES  RELATING  TO  ELECTIONS. 


kind,  except  the  clerks  keeping  the  official  tally  sheets  and 
the  third  judge  engaged  in  numbering  and  signing  his  name 
on  the  back  of  each  ballot  after  it  is  counted  and  handed  to 
him,  and  the  clerks  and  the  third  judge  shall  have  and  use 
only  pen  and  ink.  All  extra  pens  and  all  pencils  shall  be 
removed  from  the  place  where  the  count  is  being  conducted; 
provided,  hoivever,  that  candidates,  or  their  duly  appointed 
agents,  to  such  reasonable  number,  not  more  than  three,  as 
apply  to  the  judges,  shall  be  allowed  to  have  desk  facilities 
outside  the  guard  rail,  but  near  enough  to  distinctly  hear 
the  chairman  as  he  reads  aloud  each  ballot,  so  they  may  be 
able  to  keep  a  private  tally  sheet  in  accord  with  the  official 
clerks.  The  chairman  and  the  second  judge,  especially,  shall 
not  have  any  pen  or  pencil  at  hand,  or  in  their  hands,  during 
the  time  of  taking  out,  unfolding,  and  reading  and  counting 
the  several  ballots.  [L.  1891,  p.  10,  §  8;  H.  C.  p.  1174;  L. 
1901,  p.  355,  §  7.] 

§  2769.     Opening    and    Closing    Polls — Conduct    of   Election 

and  Count. 

All  general,  special,  and  presidential  elections  held  in  this 
State  shall  be  conducted  under  the  provisions  of  this  act,  and 
the  polls  shall  be  opened  at  the  hour  of  8  o'clock  in  the  fore- 
noon and  continue  open  until  7  o'clock  in  the  afternoon  of 
the  same  day,  at  which  time  the  polls  shall  be  closed.  Prior 
to  opening  the  polls  the  chairman  of  said  judges  of  election 
shall  make  public  proclamation  of  the  same,  and  thirty 
minutes  before  closing  of  the  polls  public  proclamation  shall 
be  made  by  the  same  officer  that  the  polls  will  be  closed  in 
half  an  hour.  The  judges,  in  their  discretion,  may  adjourn 
the  polls  at  on  (1)  o'clock  for  one  hour,  proclamation  of  the 
same  being  made,  but  the  judges  and  clerks  shall  keep  together, 
and  at  no  time  shall  more  than  one  of  them  be  out  of  the 
presence  of  the  others.  The  ballot  boxes,  pollbooks,  ballot 
stubs,  and  tally  sheets  shall  be  constantly  kept  together  in 
the  presence  and  view  of  at  least  four  of  said  officers,  and 
the  candidates  and  persons  duly  appointed,  as  provided  in 
section  18  of  the  Australian  ballot  law  [section  2778],  from 
the  opening  of  the  polls  until  the  count  is  completed  and  the 
returns  signed  and  sealed  as  hereinafter  provided;  and  after 
the  count  has  once  begun  it  shall  continue  until  fully  com- 
pleted, without  any  adjournment,  and  in  the  presence  of  all 
judges  and  clerks,  and  persons  duly  authorized  to  be  present. 
[L.  1891,  p.  11,  §  9;  H.  C.  p.  1174;  L.  1901,  p.  355,  §  8.] 

See   note   to    section    2761. 


STATUTES  RELATING  TO  ELECTIONS.  79 


§  2770.     Certificates   of  Nomination. 

In  all  special  elections  the  certificate  of  nomination  may 
be  filed  at  any  time  between  the  date  of  the  writ  authorizing 
the  election  and  ten  days  previous  to  the  time  of  holding  the 
election,  and  in  all  other  matters  and  proceedings  therein 
the  provisions  of  this  act  shall  apply,  so  far  as  the  same  are 
applicable,  to  such  special  election.  [L.  1891,  p.  11,  §  10;  H.  C. 
p.  1175;  L.  1901,  p.  356,  §  9.] 

See   note  to   section   2761. 

§  2771.     Challenges. 

It  shall  be  the  duty  of  each  judge  or  clerk  of  election,  or 
any  elector  present,  to  challenge  any  person  offering  to  vote 
whom  he  shall  know  or  suspect  not  to  be  qualified  as  an 
elector.  [L.  1891,  p.  11,  §  11;  H.  C.  p.  1175.] 

§  2772.     Oath  and  Examination  of  Elector. 

If  a  person  offering  to  vote  is  challenged  as  unqualified 
by  any  one  enumerated  in  section  2771,  the  chairman  of  said 
judges  shall  administer  to*  him  the  following  oath  or  affirma- 
tion: "You  do  solemnly  swear  (or  affirm)  that  you  will 
fully  and  truly  answer  all  such  questions  as  shall  be  put  to 
you  touching  your  place  of  residence  and  qualifications  as 
an  elector  at  this  election."  The  chairman  shall  then  propound 
such  questions  to  the  person  challenged  as  may  be  necessary 
to  test  his  qualifications  as  an  elector  at  that  election.  The 
judges  may  hear  such  other  testimony  and  consider  such  other 
evidence  as  is  proper  upon  the  question.  If  all  the  judges  can 
not  agree,  the  majority  of  the  judges  shall  decide  the  matter. 
[L.  1891,  p.  11,  §  12;  H.  C.  p.  1175.] 

School  elections  are  not  governed  by  the  provisions  of  the  general  election 
laws,  and  if  a  qualified  elector  is  challenged,  the  judge  is  under  no  obligation 
to  determine  his  right  to  vote  as  would  be  required  at  a  general  or  special 
election:  Breeding  v.  Williams,  37  Or.  433,  61  Pac.  858. 

§  2773.     Refusal  to  Answer. 

If  the  person  so  challenged  shall  refuse  to  answer  fully 
any  question  touching  his  qualifications  as  an  elector  which 
shall  be  put  to  him,  the  judges  shall  reject  his  vote.  [L.  1891, 
p.  11,  §  13;  H.  C.  p.  1175.] 

§  2774.     Oath  of  Qualification. 

If  the  challenge  be  not  withdrawn  after  the  person  offering 
to  vote  shall  have  answered  the  questions  put  to  him  as  afore- 
said, the  chaiman  of  said  judges  shall  administer  to  him  the 
following  oath:  "You  do  solemnly  swear  (or  affirm)  that  you 
are  a  citizen  of  the  United  States,  or  have  declared  your 
intention  to  become  such,  one  year  next  preceding  this  election ; 
that  you  are  of  the  age  of  twenty-one  years;  that  you  have 


80  STATUTES  RELATING  TO  ELECTIONS. 


been  a  resident  of  this  State  for  six  months  next  preceding 
this  election;  that  you  now  reside  in  this  precinct;  that  you 
have  not  yet  voted  at  this  election,  and  that  your  true  name 
is  as  you  represent  it  to  be."  If  the  elector  only  claims  the 
right  to  vote  for  state,  or  district  and  state,  officers,  the  oath 
shall  be  modified  accordingly.  [L.  1891,  p.  11,  8  14;  H.  C. 
p.  1175.] 

§  2776.     Rules  to  Determine  Qualification. 

The  judges  of  election,,  in  determining  the  residence  and 
qualifications  of  persons  offering  to  vote,  shall  be  governed 
by  the  following  rules,  so  far  as  the  same  may  be  applicable : 

1.  The  place  shall  be  considered  and  held  to  be  the  residence 
of  a  person  in  which  his  habitation  is  fixed,  and  to  which, 
whenever  he  is  absent,  he  has  the  intention  of  returning. 

2.  A  person  shall  not  be  considered  or  held  to  have  lost  his 
residence  who  shall  leave  his  home  and  go  into  another  State 
or  Territory,  or  county  of  this  State,  for  a  temporary  pur- 
pose only. 

3.  A  person  shall  not  be  considered  or  held  to  have  gained 
a  residence  in  any  county  of  this  State  into  which  he  shall 
come  for  temporary  purposes  only,  without  the  intention  of 
making   said   county  his     home,   but  witn  the   intention   of 
leaving  the  same  when  he  shall  have  accomplished  the  busi- 
ness that  brought  him  into  it. 

4.  If  a  person  remove  to  any  other  State,  or  to  any  of  the 
territories,  with  the  intention  of  making  it  his  permanent 
home,  he  shall  be  considered  and  held  to  have  lost  his  residence 
in  this  State. 

5.  The  place  where  a  married  man's  family  reside  shall  be 
considered  and  held  to  be  his  residence. 

6.  The  place  where  an  unmarried  man  sleeps  shall  be  con- 
sidered and  held  to  be  his  residence. 

7.  If  a  person  shall  go  from  this  State  into  another  State 
or  Territory  and  there  exercise  the  right  of  suffrage,  he  shall 
be  considered  and  held  to  have  lost  his  residence  in  this  State. 

8.  All  qualified  electors  shall  vote  in  the  election  precinct 
in  the  county  where  they  may  reside  for  county  officers,  and  in 
any  county  in  the  State  for  state  officers,  or  in  any  county  of 
of 'a  congressional  district  in  which  such  electors  may  reside 
for  members  of  Congress.  [L.  1891,  p.  12,  §  16;  H.  C.  p.  1176.] 

§  2777.     Ballot  Boxes  to  be  Opened  Before  Voting  Begins— 

Keys. 

It  shall  be  the  duty  of  the  judges  of  election,  or  the  chair- 
man thereof,  immediately  before  proclamation  is  made  of  the 
opening  of  the  polls,  to  open  the  ballot  boxes  in  the  presence 


STATUTES  RELATING  TO  ELECTIONS.  81 


of  the  people  there  assembled,  and  turn  the  same  upside 
down  so  as  to  empty  the  said  boxes  of  anything  that  may  be 
in  them,  and  then  lock  said  boxes  securely,  and  they  shall 
not  be  reopened  until  for  the  purpose  of  counting  the  ballots 
therein  at  the  close  of  the  election.  During  the  election  one 
of  the  judges,  other  than  the  chaiman,  shall  have  the  custody 
of  the  keys.  [L.  1891,  p.  13,  §  17;  H.  C.  p.  1177.] 

§  2778.     Restrictions  Within  Fifty  Feet  of  Polls. 

In  all  incorporated  cities  and  towns  in  this  State  no  person 
shall  approach  or  stand  within  fifty  feet  of  the  polls  when 
open  for  the  purpose  of  receiving  votes,  except  such  peace 
officers  as  are  particularly  selected  or  appointed  by  the  judges 
to  preserve  order  or  enforce  the  law  within  such  limits,  and 
electors  actually  desiring  and  proceeding  to  vote,  and  but 
ten  electors  shall  be  permitted  to  approach  the  polls  within 
fifty  feet  at  the  same  time;  provided,  however,  that  the  said 
judges  of  election  shall,  if  requested,  permit  one  person  from 
each  political  party,  selected  by  the  party,  to  stand  outside 
of  the  guard  rail  at  the  polls,  while  open  for  receiving  votes, 
for  the  purpose  of  challenging  voters;  and  the  said  judges  of 
election  shall,  if  requested,  permit  the  respctive  candidates, 
or  some  person  selected  by  a  candidate  or  by  several  candi- 
dates, or  by  a  political  party,  to  be  present  in  the  room,  but 
outside  of  the  guard  rail,  where  the  said  judges  are  during  the 
time  of  receiving  and  counting  the  votes.  Such  selection 
shall  be  evidenced  by  a  writing  signed  by  the  chairman  and 
secretary  of  such  political  party,  or  by  the  candidate  or  candi- 
dates, and  presented  to  and  filed  with  the  judges  .  [L.  1891, 
p.  13,  §  18;  H.  C.  p.  1177.] 

§  2779.  Powers  of  Judges  of  Elections  to  Punish  Offenses. 
For  the  purpose  of  holding  elections  and  preserving  order  at 
the  polls,  the  judges  of  election  are  hereby  appointed  and 
invested  with  the  jurisdiction  and  authority  of  justices  of 
the  peace  during  the  time  of  holding  elections,  and  they,  or 
a  majority  of  them,  are  hereby  authorized  to  impose  and  en- 
force a  fine  not  exceeding  $50  for  each  offense,  to  be  applied  to 
the  benefit  of  the  school  fund,  on  any  person  or  persons  who 
shall  conduct  themselves  in  a  disorderly  or  riotous  manner 
at  the  polls,  and  shall  persist  in  such  conduct  after  having 
been  warned  of  the  consequences,  or  who  shall  refuse  to 
move  from  the  polls  fifty  feet  when  directed,  or  on  any  person 
who  shall  be  detected  in  the  commission,  in  the  immediate 
presence  of  the  judges,  of  any  offenses  defined  by  this  act: 
and  on  the  refusal  or  neglect  to  forthwith  pay  the  same  to 
the  chairman,  to  commit  him  or  them  to  the  common  jail  of 
the  county  for  any  time  not  exceeding  twenty-five  days,  or 


82  STATUTES  RELATING  TO  ELECTIONS. 


until  the  fine  is  paid ;  and  the  sheriff,  deputy  sheriff,  constable, 
and  jailor,  and  policeman  of  any  incorporated  city  or  town, 
are  hereby  required  to  forthwith  execute  said  order  as  though 
it  had  been  issued  by  a  magistrate  in  due  form  of  law.  If 
no  sheriff,  deputy  sheriff,  constable,  or  policeman  be  present, 
the  judges  may  appoint  a  special  constable  or  constables  to 
execute  their  orders.  [L.  1891,  p.  13,  §  19;  H.  C.  p.  1178.] 

§  2780.     Compensation  of  Election  Officers. 

There  shall  be  allowed  by  the  county  court  of  each  county 
to  the  several  judges  and  clerks  of  elections  $3  per  day 
while  holding  elections,  and  to  the  person  carrying  the  poll 
book,  tally  sheet,  ballot  boxes,  and  ballot  stubs  and  other 
property  from  the  place  of  election  to  the  clerk's  office,  the 
sum  of  ten  cents  per  mile  for  going  and  returning,  to  be 
paid  out  of  the  county  treasury;  and  each  county  court  shall 
audit  and  pay  out  of  the  county  treasury  such  fees  as  the 
services  performed  by  the  county  clerk  and  the  sheriff,  under 
this  act  are,  in  the  judgment  of  the  county  court,  reasonably 
worth;  also  such  other  necessary  expenses  as  are  incurred 
by  such  officers  in  carrying  out  the  provisions  of  this  act. 
[L.  1891,  p.  14,  §  20;  H.  C.  p.  1178.] 

See    note    to    section    2807. 

§  2781.     In  Counties  Without  Clerk,  Clerk  of  County  Court 

to  Act. 

In  all  counties  which  have  no  county  clerk,  the  clerk  of 
the  county  court  shall  perform  all  the  duties  required  by  this 
act  to  be  done  or  performed  by  the  county  clerks  in  the  other 
counties,  and  all  things  which  are  required  by  this  act  to  be 
done  or  filed  in  the  office  of  the  county  clerk,  in  all  counties 
having  no  such  office,  the  same  shall  be  done  or  filed  in  the 
office  of  the  clerk  of  the  county  court  of  such  county.  [L. 
1891,  p.  14,  §  21;  H.  C.  p.  1179.] 

Section  2781,  as  passed  by  the  legislature,  reads:  "In  Multnomah  County, 
and  in  all  other  coiMties  which  have  no  county  clerk,"  etc.  The  act  of  1901, 
p  282  (Sections  2569  to  2571),  abolished  the  office  of  clerk  of  the  county  court 
of  Multnomah  County,  and  created  that  of  county  clerk,  upon  whom  the  duties 
of  the  former  office  are  devolved.  The  act  provides,  in  effect,  that  wherever 
the  office  of  clerk  of  the  county  court  is  mentioned  in  any  law  or  statute, 
it  shall  be  read  so  as  to  mean  county  clerk.  This  section  (2781),  in  view  of 
the  act  of  1901  above  referred  to,  has  been  changed  by  omitting  all  reference 
to  Multnomah  County.  See  note  to  Section  2571. 


STATUTES  RELATING  TO  ELECTIONS.  83 


§  2782.     Form    of    Poll    Books — Names    of    Electors    to    be 

Certified. 

The  following  shall  be  the  form  of  the  poll  books  to  be 
kept  by  the  judges  and  clerks  of  election  under  this  act: 

POLL  BOOK  OF  THE  ELECTION  HELD  IN PRECINCT,  IN 

THE  COUNTY  OF ON  THE DAY  OF  , 

IN  THE  YEAR  19 

State  of  Oregon,   County  of  ,   Precinct,   ss. 

We,   and ,  judges  of  said  election,  being  first  duly 

sworn,  severally  say  upon  oath,  I  will  perform  the  duties  of  judge  of 
election  according  to  law,  and  that  I  will  studiously  endeavor  to  pre- 
vent fraud,  deceit  and  abuse  in  conducting  the  election. 

,   Chairman. 

,  Judge. 

,  Judge. 

Subscribed  and  sworn  to  before  me  this  day  of  ,   19 


State  of   Oregon,   County   of   ,   Precinct,   ss. 

We,  and ,  clerks  of  said  election,  being  first  duly 

sworn,  severally  say  upon  oath,  I  will  perform  the  duties  of  clerk  of 
election  according  to  law,  and  that  I  will  studiously  endeavor  to  pre- 
vent fraud,  deceit,  and  abuse  in  conducting  the  election. 

,  Clerk. 

,  Clerk. 

Subscribed  and  sworn  to  before  me  this  day  of  ,  19..... 

A.  B.,  chairman,  C.  D.  and  E.  F.,  the  judges,  and  G.  H.  and  J.  K., 

clerks  of  said  election,  were  respectively  sworn  (or  affirmed)  according 
to  law,  previous  to  their  entering  on  the  duties  of  their  respective  offices. 

NUMBER  AND  NAMES  OF  ELECTOR 

No.  1.  (Name  of  elector.) 
No.  2.  (Name  of  elector.) 
No.  3.  (Name  of  elector.) 

We  hereby   certify  that   the   number   of   electors   who   voted   at   the 
above  polling  place  and  election  was  as  follows: 

Voted  for  State,  district,  county,  and  precinct  officers (No.) 

Voted  for   district   and  state  officers (No.) 

Voted    for    state    officers    (No.) 

Total  number  of  ballots  cast (No.) 

,   Chairman. 

,  Judge. 

,  Judge. 

,  Clerk. 

(Who  kept  this  poll  book.) 
,   Clerk. 

(Who  kept  the  other  poll  book.) 

Immediately  after  the  close  of  the  polls  the  names  of  the 
electors  who  voted  shall  be  counted,  and  the  number  written 


84  STATUTES  RELATING  TO  ELECTIONS. 


and  certified  in  each  of  the  poll  books  at  the  end  of  the  list, 
and  the  same  shall  be  immediately  signed  by  the  chairman  and 
each  of  the  judges  and  clerks  in  the  manner  indicated  above. 
[L.  1901,  p.  14,  §  22;  H.  C.  p.  1179.] 

The  official  returns  or  canvass  when  duly  certified  is  prima  facie  evidence 
that  the  result  is  as  declared.  As  against  ballots  not  properly  kept  and  the 
identity  of  which  is  not  shown,  such  official  canvass,  though  secondary,  is  the 
better  evidence ;  but  the  official  canvass,  unless  made  so  by  statute,  "is  never 
conclusive.  When  it  is  shown,  however,  that  the  ballots  have  not  been  tampered 
with,  they  are  the  best  evidence:  Hartman  v.  Young,  17  Or.  155,  20  Pac.  17, 
11  Am.  St.  Rep.  787,  note. 

§  2783.     Ballots  Read,  Counted,  Tallied,  and  Strung. 

Within  one  hour  after  the  poll  books  are  signed  in  the 
manner  prescribed  in  section  2782,  if  there  is  but  a  single 
board,  but  if  there  is  a  second  board,  then  the  second  board 
shall  proceed  forthwith  to  read  and  tally  each  ballot.  Only 
one  ballot  shall  be  removed  from  the  box  at  one  time,  and  it 
must  be  fully  read,  counted,  and  tallied  before  another  ballot 
is  removed  from  the  box.  The  chairman  shall  take  out  one 
ballot  and  shall  immediately  read  and  announce  distinctly 
while  the  ballot  remains  in  his  hands,  and  while  one  of  the 
judges,  not  of  the  same  political  party  as  the  chairman,  and 
such  bystanders  as  have  a  right  to  be  present  outside  the 
guard  rail,  overlook  the  ballot,  first,  the  number  corresponding 
with  the  printed  name,  and  also  the  surname  of  the  person 
voted  for,  for  each  office;  second,  the  name  of  each  person 
whose  name  has  been  written  in  the  ballot,  and  the  name  of 
the  office  for  which  the  ballot  is  to  count ;  then  deliver  the  bal- 
lot to  the  second  judge,  who  shall  examine  the  same,  and  who 
shall  pass  it  to  the  third  judge,  who  shall  also  examine  the 
same,  and  immediately  fold  it  and  sign  his  name  upon  the  out- 
er back  of  the  ballot  and  number  it  consecutively  in  the  order 
in  which  it  is  counted,  with  pen  and  ink,  and  string  it  on  a 
strong  string  and  carefully  preserve  the  same;  and  the  same 
method  shall  be  pursued  in  respect  to  each  of  the  ballots  in 
the  ballot  box.  The  emjs  of  the  string  upon  which  the  ballots 
have  been  strung  shall  then  be  securely  knotted  together, 
united,  and  sealed  under  the  official  signatures  and  seals  of  the 
judges  and  clerks  who  counted  it.  The  blank  seals  of  the 
judges  and  clerks  shall  be  supplied  in  the  first  instance  by 
the  Secretary  of  State,  and  by  the  county  clerk  later,  in 
suitable  quantities  along  with  the  other  election  supplies. 
They  shall  be  made  of  paper,  kind,  quality,  etc.,  known  to  the 
trade  as  flat  writing  paper,  white  manila,  sixteen-pound  folio, 
cut  into  sizes  for  each  seal  of  about  five  and  one  half  inches 
by  seven  inches.  On  one  side  they  shall  be  well  coated  over 
the  wrhole  surface  with  a  good  quantity  of  fish  glue.  On  the 
opposite  shall  be  printed  the  following,  so  arranged  that  the 


STATUTES  RELATING  TO  ELECTIONS. 


85 


signatures  of  the  judges  and  clerks  of  election  shall  be  in  the 
middle  portion  of  the  seal,  to  wit: 

FORM 

NOTE. — It  is  a  felony  to  forge  or  alter  this 
seal,  or  for  any  person  to  break  this  seal 
contrary  to  law. 

Official  seal  of  the  board  of  judges  and  clerks  of  election  precinct 

No ,  Board  No 

,   Chairman. 

,  Judge. 

,  Judge. 

,  First  Clerk. 

,   Second  Clerk. 

,  Third  Clerk. 

In  the  county  of  ,  Oregon,  held  on  the  ....  day  of  ,  19 

NOTE. — The  judges  and  clerks  are  not  to  sign  this  seal  until  just  before 
using  the  same,  and  all  blank  seals  not  used  by  judges  shall  be  destroyed  by 
fire  as  soon  as  the  returns  are  completel5r  sealed. 

[L.  1891,  p.  15,  §  23;  H.  C.  p.  1181;  L.  1901,  p.  356,  §  10.] 

§  2784.     Form    of    Tally    Sheet — Tally,    How    Made    and 

Certified. 

Thex  following  shall  be  the  form  of  the  tally  sheets  kept 
by  the  judges  and  clerks  of  the  election  under  this  act: 

TALLY  SHEET  OF  THE  ELECTION  HELD  AT PRECINCT,- 

IN  THE  COUNTY  OF ,  ON  THE DAY 

OF ,  IN  THE  YEAR  OF  19 

Containing  the  number  and  name  of  each  person  voted  for,  the 
particular  office  each  peron  was  voted  for,  the  total  number  of  votes 
cast  for  each  candidate. 

The  tally  or  count,  as  it  is  kept  by  each  of  the  clerks,  shall 
be  audibly  announced  as  it  proceeds,  and  it  shall  be  kept  in 
the  manner  and  form  as  follows: 


No. 

Name  of 
candidate 

Office 

Total  vote 
received 

No.;      Tally  5 

No, 

Tally  10 

No. 

Tally  15 

12 

12 

1? 

19 

i;> 

13 

18 

18 

14 

14 

11 

1  1 

The  columns  for  the  numbers  12,  13,  14,  etc.,  shall  not 
be  over  three  eighths  of  an  inch  wide.  The  columns  of 
the  tallies  shall  be  three  eighths  of  an  inch  wide;  the  lines 
shall  be  three  eighths  of  an  inch  apart;  every  ten  lines  the 
captions  of  the  column  shall  be  reprinted  between  double 


86  STATUTES  RELATING  TO  ELECTIONS. 


ruled  lines  in  bold-faced  small  pica,  and  all  the  figures  shall 
be  printed  in  bold-faced  small  pica.  The  tally  sheets  shall 
conclude  with  the  following  form  of  certificate: 

We  hereby  certify  that  at  th«  above  election  and  polling  place  each 
of  the  foregoing  named  persons  received  the  number  of  votes  set 
opposite  his  name,  as  above  set  forth,  for  the  nomination  for  the  office 
specified. 

,   Clerk. 

(Who   kept   this   sheet.) 

,   Chairman. 

,  Judge. 

,  Judge. 

,   Clerk. 

Clerk. 

(Who   kept    the   other   sheets.) 

During  the  counting  of  the  ballots  each  clerk  shall,  with 
pen  and  ink,  keep  tally  upon  one  of  the  above  tally  sheets, 
and  shall  total  the  number  of  tallies  and  write  the  total  in  ink 
immediately  to  the  right  of  the  last  tallies  for  each  candi- 
date, and  also  in  the  columns  headed  "total  vote,"  and  shall 
prepare  the  certificate  thereto  above  indicated;  and  immedi- 
ately upon  the  completion  of  the  count  all  the  clerks  shall 
sign  the  tally  sheet,  and  each  of  them  shall  certify  which 
sheet  was  kept  by  him;  and  the  chairman  and  the  judges, 
being  satisfied  of  the  correctness  of  the  same,  shall  then 
sign  all  three  of  said  tally  sheets.  The  clerks  shall  then 
prepare  a  'statement  of  that  portion  of  all  the  tally  sheets 
showing  the  number  and  name  of  each  candidate  and  the 
office  and  total  votes  received  by  each  in  the  precinct,  and 
shall  prepare  the  certificate  thereto,  which  statement  shall 
be  signed  by  the  judges  and  clerks  to  complete  the  count, 
and  shall  be  immediately  posted  in  a  conspicuous  place  on 
the  outside  of  said  polls,  there  to  remain  for  ten  days.  When 
two  boards  of  judges  and  clerks  participate  in  the  counting 
of  the  ballots,  each  board  shall  keep  and  certify  its  own 
separate  tally  sheets.  When  one  board  is  relieved  by  the 
other  board,  the  retiring  board  shall,  before  adjourning,  total 
up  the  tallies  representing  the  ballots  so  far  counted  for 
each  candidate,  and  a  memorandum  of  the  total  vote  received 
by  each  candidate  shall  be  noted  on  the  tally  sheet  in  ink, 
immediately  above  the  last  tallies  for  each  candidate,  all 
done  in  ink,  but  in  such  a  manner  as  not  to  render  the  tally 
sheet  unfit  for  continuing  the  count  upon  the  reconvening 
of  the  board.  During  the  recess  the  chairman  and  the 
second  judge  of  the  board  shall  each  have  the  custody  of 
one  of  the  tally  sheets,  and  the  third  sheet  shall  be  deoosited 
in  the  ballot  box,  all  three  sheets  being  kept  sealed  under  the 
official  seal  of  the  board  until  the  board  reconvenes.  When 


STATUTES  RELATING  TO  ELECTIONS.  87 

it  is  seen  which  board  will  have  to  complete  the  count,  the 
outgoing  board  shall  complete  the  addition  and  certifications 
upon  its  tally  sheets,  and  deliver  two  sets  of  its  tally  sheets 
to  the  chairman  of  the  board  which  is  to  complete  the  count 
of  the  ballot.  The  third  tally  sheet  shall  be  sealed  under 
the  official  seal  of  the  board,  indorsed  on  the  outside  to  iden- 
tify it,  and  retained  by  the  chairman  of  the  board  which 
made  and  certified  it,  to  be  kept  by  him  safely,  subject  to 
the  control  of  the  proper  court.  [L.  1891,  p.  16,  §  24;  H.  C. 
p.  1181;  L.  1901  p.  357,  §  11.] 

§  2785.     Ballot  Boxes,  Tally  Sheets,  and  Ballots,  Provisions 

Concerning. 

Immediately  after  canvassing  the  votes  in  the  manner 
aforesaid,  the  judges  and  clerks  to  complete  the  count,  before 
they  separate  or  adjourn,  shall  inclose  the  poll  books  in 
separate  covers  and  securely  seal  the  same.  They  shall  also 
inclose  the  tally  sheets  in  separate  envelopes  and  seal  the 
same  securely.  They  shall  also  envelope  all  the  ballots  strung 
on  strings,  as  aforesaid,  and  seal  the  same  securely;  and  they 
shall,  in  writing,  with  pen  and  ink,  specify  the  contents, 
and  address  each  of  said  packages  upon  the  outside  thereof 
to  the  county  clerk  of  the  county  in  which  the  election  precinct 
is  situated.  When  two  boards  participate  in  counting  the 
ballots,  each  board,  before  taking  its  recess,  shall  knot  the 
ends  of  the  string  upon  which  the  ballots  which  it  has  counted 
are  strung,  and  seal  the  knotted  ends  under  the  official  seal 
of  the  board  upon  the  back  of  the  uppermost  ballot.  They 
shall  then  envelope  the  bunch  of  ballots  and  securely  seal 
the  package  under  their  official  seal,  and  leave  the  same  with 
the  ballot  boxes  until  the  count  is  completed.  These  sealed 
packages  of  counted  ballots  shall  be  marked  on  the  outside, 
showing  what  numbers  are  contained  therein,  but,  once  sealed, 
they  are  not  to  be  opened  by  any  one  until  so  ordered  by  the 
proper  court.  When  the  count  is  completed,  the  ballots, 
counted  and  sealed,  and  enveloped  and  marked  for  identifica- 
tion, as  aforesaid,  shall  be  packed  in  the  two  ballot  boxes, 
and  nothing  else  shall  be  put  into  the  boxes.  The  boxes 
shall  then  be  locked,  and  the  official  seal  of  the  board  which 
finally  completed  the  count  shall  be  pasted  over  the  keyhole 
and  over  the  rim  of  the  lid  of  the  box,  so  that  the  box 
can  not  be  opened  without  breaking  the  seal.  Thereafter 
neither  the  county  clerk  nor  the  canvassers  making  abstracts 
of  the  votes  shall  break  the  said  seals  on  the  ballot  boxes, 
nor  shall  any  one  break  the  seals  on  the  boxes  or  the  ballots, 
except  upon  the  order  of  the  proper  court  in  case  of  con- 
test, or  upon  the  order  of  the  county  court  when  the  boxes 


88  STATUTES  RELATING  TO  ELECTIONS. 


are  needed  for  the  next  election.     [L.  1891,  p.  17,  §  25;  H.  C. 
p.  1182;  L.  1901,  p.  360,  §  12.] 

§  2786.     Custody  of  Tally  Sheets  and  Poll  Books. 

One  complete  set  of  the  tally  sheets  and  the  poll  book  which 
was  kept  by  the  second  clerk,  ballots  and  stubs,  ballot  boxes 
and  remaining  supplies,  shall  be  forthwith  conveyed  by  one 
of  the  judges  or  clerks  of  election,  to  be  agreed  upon  for  that 
purpose  by  the  judges,  to  the  county  clerk  of  the  county.  The 
remaining  complete  set  of  the  tally  sheets  and  poll  book, 
inclosed  in  an  envelope  and  cover,  and  sealed  securely  as 
aforesaid,  addressed  and  indorsed  on  the  outside  so  that  the 
same  can  be  identified,  shall  be  forthwith  deposited  with  one 
of  the  judges,  not  of  the  same  political  party  as  the  judge  or 
clerk  who  conveys  the  duplicates  to  the  county  clerk,  to  be 
kept  by  him  safely,  subject  to  the  control  of  the  proper  court. 
When  two  boards  have  been  engaged  in  counting  the 
ballots,  the  judges  completing  the  count  shall  attach  two  sets 
of  tally  sheets  together,  and  transmit  and  deposit  the  com- 
pleted sets.  The  chairman  of  each  board  shall  keep  the  third 
tally  sheet  of  his  own  board,  sealed  and  indorsed  on  the  out- 
side so  that  the  same  can  be  identified,  in  his  possession, 
subject  to  the  control  of  the  proper  court.  [L.  1891,  p.  17, 
§  26;  H.  C.  p.  1182;  L.  1901,  p.  361,  §  13.] 

§  2787.     Only   White  Ballots  Counted. 

In  the  canvass  of  the  votes  only  white  ballots  furnished 
under  the  provisions  of  this  act  shall  be  counted,  and  any 
ballot  from  which  it  is  impossible  to  determine  the  elector's 
choice  for  any  of  the  offices  shall  be  void  and  shall  not  be 
counted.  [L.  1891,  p.  17,  §  27;  H.  C.  p.  1183.] 

§  2788.     Rejected  Ballots. 

The  judges  shall  carefully  envelope  all  ballots  cast  which 
are  rejected  or  defective,  and  not  counted  for  any  office,  and 
seal  the  same  securely  and  address  the  same  to  the  county 
clerk,  and  indorse  the  same  so  that  they  may  be  identified, 
and  shall  transmit  the  same  along  with  the  other  ballots  to 
the  county  clerk,  as  aforesaid.  The  chairman  shall  write 
with  pen  and  ink  upon  the  back  of  every  such  ballot,  imme- 
diately after  the  same  is  discovered,  the  words  "wholly 
defective,"  and  sign  his  initials  thereto.  [L.  1891,  p.  17,  §  28; 
H.  C.  p.  1183.] 

§  2789.     Partially  Defective  Ballots. 

Any  ballot  from  which  it  is  possible  to  determine  the 
elector's  choice  for  a  part  of  the  offices  shall  be  counted  for 
such  part,  but  the  remainder  of  the  ballot  from  which  it  is 


STATUTES  RELATING  TO  ELECTIONS.  89 


impossible  to  determine  the  elector's  choice  shall  be  void  as 
to  such  defective  part,  and  such  defective  part  shall  not  be 
counted.  The  judges  shall  disregard  misspelling  or  abbrevia- 
tions of  the  names  of  candidates  for  office  if  it  can  be  ascer- 
tained from  such  ballot  for  whom  it  was  intended.  Every 
such  ballot  not  counted  for  any  party  shall  be  immediately 
indorsed  on  the  back  thereof  with  pen  and  ink  by  the 

chairman,   "Not  counted   for  "    (stating  what  office   or 

offices) ,  who  shall  sign  his  initials  thereto.  [L.  1891,  p.  17, 
§  29;  H.  C.  p.  1183.] 

§  2790.     Ballots  in  Wrong  Box. 

In  the  canvass  of  votes  all  ballots  found  in  the  box  marked 
''State  and  District,"  which  are  marked  "State,"  as  provided 
in  section  61  of  this  act,  shall  be  considered  and  counted  only 
for  such  state  offices  as  are  to  be  filled  at  the  election,  and 
all  ballots  so  marked  "State  and  District,"  as  provided  in 
said  section  61,  shall  be  considered  and  counted  only  for 
such  state  and  district  offices  as  are  to  be  filled  at  the  election, 
and  the  names  of  persons  thereon  for  other  than  state  or 
district  offices  shall  not  be  considered  or  counted.  [L.  1891, 
p.  18,  §  30;  H.  C.  p.  1184.] 


CHAPTER  III. 

OF  BALLOTS 

§  2809.     Official  Ballot,  Arrangement  of  Candidates'  Names, 
Form  of. 

The  ballot  shall  be  styled  "Official  Ballot;"  shall  state  the 
number  or  name  of  the  precinct  and  county  they  are  intended 
for,  and  the  date  when  the  election  is  to  be  held ;  shall  contain 
the  names  of  all  the  candidates  for  offices  to  be  filled  at  that 
election  whose  nominations  have  been  duly  made  and  accepted 
as  herein  provided,  and  who  have  not  died  or  withdrawn, 
and  shall  contain  no  other  names  of  persons  except  that  in 
the  case  of  electors  of  president  and  vice  president  of  the 
United  States,  the  names  of  the  candidates  for  president  and 
vice  president  may  be  added  to  the  party  or  political  desig- 
nation; the  name  of  each  person  nominated  shall  be  printed 
upon  the  ballot  in  but  one  place,  without  regard  to  how  many 
times  he  may  have  been  nominated,  but  there  shall  be  added 
opposite  thereto  the  party  or  political  designation,  expressed 
in  not  more  than  three  words  for  any  one  party,  as  specified 
in  each  of  the  cerificates  of  nomination  nominating  him  for 
the  office,  and  which  he  has  accepted.  The  names  of  the 


90  STATUTES  RELATING  TO  ELECTIONS. 


candidates  for  each  office  shall  be  arranged  under  the  designa- 
tion of  the  office,  in  alphabetical  order,  according  to  surnames, 
except  that  the  names  of  candidates  for  the  office  of  electors 
of  president  and  vice  president  and  for  the  senate  and  house 
of  representatives  shall  be  arranged  in  groups,  as  presented 
in  the  several  certificates  of  nomination.  There  shall  be  left 
at  the  end  of  the  list  of  candidates  for  each  different  office 
blank  spaces,  in  which  the  elector  may  write  the  name  of 
any  person  not  printed  on  the  ballot  for  whom  he  desires  to 
vote  as  a  candidate  for  such  office.  On  the  left  margin  of  the 
ballots  the  name  of  the  uppermost  candidate  as  printed  shall 
be  numbered  twelve,  the  next  candidate  thirteen,  the  next 
fourteen,  and  so  on  consecutively  to  the  end  of  the  ballot. 
The  blank  lines  shall  not  be  numbered.  Whenever  the  ap- 
proval of  a  constitutional  amendment  or  other  question  is 
submitted  to  the  vote  of  the  people,  such  questions  shall  be 
printed  upon  the  ballot  after  the  list  of  candidates,  and  each 
answer  shall  be  numbered  on  the  left  margin,  as  in  the  case 
of  names  of  candidates.  Each  ballot  shall  have  along  the 
top  thereof  a  stub  one  and  one  half  inches  wide,  perforated 
along  the  lower  edge  thereof;  on  the  left  iialf  of  the  stub  shall 
be  printed  the  words,  "Stub  to  be  torn  off  by  the  chairman," 
and  on  the  right  half,  "Stub  to  be  torn  off  by  the  first  clerk." 
The  colored  or  sample  ballots  need  not  be  perforated.  Im- 
mediately below  the  perforated  line  shall  be  printed,  in  capi- 
tals, these  words,  "Official  ballot  for  —  -  Precinct,  - 

County,    June  ,   19 — ."     Under    this    caption    shall    be 

printed,  in  bold-faced  type,  the  words,  "Mark  between  the 
number  and  name  of  each  candidate  or  answer  voted  for." 
Below  this  shall  be  printed  in  the  manner  aforesaid — (1)  the 
candidates  for  state  offices;  (2)  for  district  and  county  offices; 
(3)  for  precinct  offices;  (4)  for  other  offices  or  constitutional 
amendment  or  questions  submitted  to  a  vote  of  the  people. 
The  ballot  shall  be  printed  so  as  to  give  each  elector  a  clear 
opportunity  to  designate  his  choice  of  candidates  and  his  an- 
swer to  the  questions  submitted  by  making  a  mark  to  the  left  of 
the  name  of  the  candidate  he  wishes  to  vote  for  for  each 
office,  or  to  the  left  of  the  answer  he  wishes  to  make  to  each 
question  submitted;  and  on  the  ballot  may  be  printed  such 
words  as  will  aid  the  elector  to  do  this,  as,  "Vote  for  one," 
"Vote  for  three,"  "Yes,"  "No,"  and  the  like.  The  ballot 
shall  be  of  sufficient  length  and  width  to  permit  this  to  be 
properly  done.  The  white  ballot  shall  be  arranged  and  printed 
in  substantially  the  following  form : 


STATUTES  RELATING  TO  ELECTIONS. 


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STATUTES  RELATING  TO  ELECTIONS.  95 


§  2810.     Margin  of  White  Ballots —  Difference  Between,  and 

Sample  Ballots. 

There  shall  be  provided  and  furnished  for  each  election 
precinct  not  less  than  two  white  ballots  for  each  vote  cast 
in  such  election  precinct  at  the  general  election  next  preceding, 
and  a  like  number  of  the  colored  or  sample  ballots.  The 
colored  or  sample  ballots  shall  be  duplicate  impressions  of 
the  white  ballots,  but  without  perforated  stubs,  but  in  printing 
the  white  ballots  the  printer  shall,  every  one  hundred  sheets, 
shift  either  the  paper  guides  or  the  form  so  there  will  be  a 
difference  of  not  less  than  twelve  points  nor  more  than 
seventy-two  points,  or  about  one  inch,  in  the  margin  of  the 
white  ballots  between  the  different  hundred  of  sheets;  and 
none  of  the  white  ballots  shall- have  the  same  margin,  either 
at  the  top  or  sides  or  bottom,  as  the  colored  ballots  have,  or 
nearer  thereto  than  twelve  points.  These  colored  or  sample 
ballots  shall  be  furnished  as  soon  as  printed,  at  any  time 
before  the  election,  by  the  respective  county  clerks,  in  reason- 
able quantities,  to  all  electors  applying  for  the  same;  and  on 
the  day  of  the  election,  under  the  direction  and  control  of  the 
judges  at  each  polling  place,  the  sample  ballots  shall  be  given 
in  reasonable  and  proper  quantities  to  all  electors  applying 
for  them.  [L.  1891,  p.  24,  §  50;  H.  C.  p.  1193;  L.  1901, 
p.  364,  §  20.] 

§  2811.     Vacancy  After  Printing  Ballots. 

When  any  vacancy  occurs  by  death  or  withdrawal  aforesaid, 
and  after  the  printing  of  the  ballots  any  person  or  persons 
are  nominated,  as  aforesaid,  to  fill  such  vacancy,  the  county 
clerk  shall,  a  sufficient  time  before  the  election,  cause  to  be 
prepared  and  printed,  according  to  law,  upon  cards  of  instruc- 
tion, arranged  in  the  manner  herein  required  for  the  ballots, 
the  names  and  information  concerning  such  candidates 
so  nominated  to  fill  such  vacancies  caused  by  death  or  with- 
drawal; one  of  such  cards,  certified  by  the  county  clerk, 
shall  be  posted  and  kept  posted  in  plain  view  in  each  compart- 
ment or  place  provided  for  preparing  the  ballots  in  each 
polling  place,  and  the  same  shall  be  posted  in  the  county 
clerk's  office  from  the  time  the  same  is  prepared  until  after 
the  election.  [L.  1891,  p.  25,  §  51 ;  H.  C.  p.  1193.] 

§  2812.     Cancellation  of  Names  on  Printed  Ballots. 

It  shall  be  the  duty  of  the  county  clerk  of  each  county  to 
cause  the  name  of  each  nominee  who  has  thus  withdrawn 
or  died  to  be  canceled  upon  the  white  ballots,  and  also  the 
colored  ballots,  before  they  are  given  out  to  the  electors.  If 
said  ballots  have  been  already  forwarded  to  the  several 


96  STATUTES  RELATING  TO  ELECTIONS. 


election  precincts,  the  county  clerks  shall,  if  there  is  time, 
certify  the  matter  to  the  judges  of  the  several  election  pre- 
cincts, and  then  it  shall  be  the  duty  of  the  judges  of  such 
election  precincts,  in  accordance  with  such  certification,  to 
see  that  the  name  of  each  candidate  who  has  thus  withdrawn 
or  died  is  canceled  upon  the  white  and  colored  ballots  before 
they  are  given  out  to  the  electors,  and  also  that  such  cards 
of  instruction,  or  lists  of  the  candidates  nominated  to  fill 
such  vacancy,  are  duly  posted  in  each  compartment  or  place 
provided  for  preparing  the  ballots,  before  the  ballots  are 
given  out  to  the  electors.  [L.  1891,  p.  25,  §  52;  H.  C.  p.  1193.] 

Registration  of  Absent  Voters. 

Section  1.  Any  elector  of  the  State  of  Oregon  who  is  out 
of  the  State  at  the  time  when 'voters  are  required  to  register 
may  register  before  a  notary  public  in  the  state  in  which 
he  may  be  at  the  time  by  using  one  of  the  blanks  designated 
as  "Blank  A,"  in  section  2862  of  Bellinger  and  Cotton's  Code, 
and  filling  out  the  blank  in  such  a  way  as  to  afford  such  in- 
formation which  he  ought  otherwise  to  give  the  clerk  under 
section  2866  of  said  codes  and  statutes,  and  in  addition  there- 
to signing  his  name  three  times  in  the  presence  of  two 
witnesses,  freeholders  of  the  county  and  state  in  which  he 
then  is,  who  shall  sign  their  names  upon  the  same  blank,  and 
by  the  elector  and  witnesses  making  oath  thereto,  as  specified 
in  said  blank,  which  shall  be  duly  certified  by  the  notary  pub- 
lic and  filed  with  the  county  clerk  of  the  county  in  which  the 
elector  resides  in  Oregon.  Upon  the  filing  of  such  blank,  filled 
out  and  certified  as  aforesaid,  the  county  clerk  shalll  enter  the 
name  of  the  elector  and  proceed  in  the  same  manner  as  if  the 
elector  had  been  registered  before  a  notary  public  or  justice 
of  the  peace  in  the  county.  [L.  1909,  p.  66.J 

§  2814.     Election  Supplies  Furnished. 

A  sufficient  time,  and  not  less  than  five  days,  before  the 
opening  of  the  polls  at  any  election  provided  for  in  tthis  act, 
the  county  clerk  of  each  county  in  which  the  election  is  to  be 
held  shall  deliver  to  the  sheriff  of  the  county  for  use  at  each 
polling  place  in  the  county,— 

1.  The  proper  number  of  ballots  required  for  such  polling 
place,  prepared  and  printed  as  provided  in  this  act. 

2.  The  two  ballot  boxes  required  by  this  act. 

3.  Two  poll  books,  required  by  this  act. 

4.  One  copy  of  the  election  laws  of  this  State,  required  by 
this  act. 

5.  A  sufficient  number  of  tally  sheets,  required  oy  this  act. 


STATUTES  RELATING  TO  ELECTIONS.  97 

6.  A  sufficient  quantity  of  pens,  ink,  blotting  pads,  indel- 
ible copying  pencils,  needles  and  string  for  stringing  ballots 
and  stubs,  sealing  wax,  and  the  like,  necessary  and  convenient 
for  carrying  out  the  provisions  of  this  act. 

The  white  ballots  so  furnished  shall  be  in  a  package  by 
themselves,  and  the  package  shall  be  marked  on  the  outside 
"white  ballots,"  with  the  number  contained  in  the  package, 
and  tne  package  shall  be  addressed  to  the  judges  of  the 
polling  place  for  which  it  is  intended,  and  the  package  shall 
be  certified  by  the  clerk  and  sealed  under  the  seal  of  the 
county  court  of  the  county.  The  colored  or  sample  ballots 
shall  likewise  be  in  a  separate  package  by  themselves,  and 
the  package  shall  be  marked  on  the  outsidt  "colored  or  sample 
ballots,"  with  the  number  contained  in  the  package,  certified, 
addressed,  and  sealed.  The  poll  books,  tally  sheets,  and  copy 
of  election  laws  shall  likewise  be  done  up  in  a  package,  ad- 
dressed, and  sealed.  The  other  articles  shall  likewise  be 
addressed.  The  county  clerk  shall  keep  a  record  of  the 
addresses  thereon,  the  contents  of  the  packages  and  the 
number  thereof.  [L.  1891,  p.  26,  §  54;  H.  C.  p.  1194.] 

§  2815.     Sheriff  to  Receipt  for  Supplies. 

The  county  clerk  shall  prepare  a  receipt  in  duplicate  for 
each  polling  place,  enumerating  the  packages,  and  stating 
the  time  and  day  and  date  when  the  sa'me  were  delivered 
by  him  to  the  sheriff.  The  sheriff  shall  sign  both  of  said 
receipts,  upon  receipt  of  the  packages;  one  of  the  receipts 
shall  be  retained  by  the  clerk,  and  the  other  shall  be  delivered 
to  the  sheriff,  and  upon  receipt  of  the  packages,  the  judge  or 
judges  of  election  to  whom  they  are  delivered  shall  counter- 
sign said  receipt,  and  the  same  shall  forthwith  be  returned 
by  the  sheriff  and  filed  with  said  clerk.  [L.  1891,  p.  26,  §  55; 
H.  C.  p.  1194a.] 


CHAPTER  IV. 
OF  POLLING  PLACES,  AND  PROVISIONS  FOR  VOTING 

§  2816.     Polling  Places— Arrangement  and  Provisions  For. 

The  sheriff  of  each  county,  under  the  drection  and  control 
of  the  county  court  of  the  county,  a  sufficient  time  and  not 
less  than  one  day  before  every  election  provided  for  in  this 
act,  shall  secure  the  use  of  and  take  possession  of  the  places 
designated  by  the  county  court  as  the  polling  places  in  the 
several  precincts  in  the  county;  he  shall  cause  the  same  to 
be  suitably  provided  with  a  guard  rail  so  constructed  and 

4 


98  STATUTES  RELATING  TO  ELECTIONS. 


placed  that  only  such  persons  as  are  inside  said  rail  can 
approach  within  six  feet  of  the  ballot  boxes,  or  within  ten 
feet  of  the  compartments,  shelves,  or  tables  at  which  electors 
are  to  prepare  their  ballots  for  voting.  He  shall  furnish  in  the 
manner  directed  by  such  county  court,  a  sufficient  number  of 
such  compartments,  shelves,  or  tables  in  or  at  which  electors 
may  conveniently  prepare  their  ballots  for  voting,  so  that  in 
the  preparation  thereof  the  elector  may  be  screened  from  the 
observation  of  other  persons.  The  arrangement  shall  be  such 
that  neither  the  ballot  boxes  or  compartments,  shelves,  or 
tables,  or  the  electors  while  preparing  their  ballots,  shall  be 
hidden  from  view  of  those  just  outside  the  said  guard  rail, 
or  from  the  judges;  and  yet  the  same  shall  be  far  enough 
removed  and  so  arranged  that  the  elector  may  conveniently 
prepare  his  ballot  for  voting  with  absolute  secrecy.  There 
shall  be  provided  in  each  polling  place  not  less  than  one  com- 
partment, shelf,  or  table  for  every  forty  electors  to  vote  at 
such  polling  place,  and  every  polling  place  shall  have  at  least 
three  of  such  compartments,  shelves,  or  tables.  [L.  1891, 
p.  26,  §  56;  H.  C.  p.  1194&.] 

§  2817.     Judges  and  Clerks — How  Seated — Candidates   and 

Agents  May  be  Present. 

The  sheriff  shall  likewise  arrange  in  or  nearby  each  polling 
place  tables  and  chairs,  with  lights  and  fire,  if  needed,  for 
the  use  of  the  judges  and  clerks  in  counting  the  ballots.  The 
tables  and  chairs  shall  be  arranged  so  that  the  chairman  and 
second  judge  shall  sit  on  one  side  of  the  table,  with  the  ballot 
boxes  on  top  of  the  table  in  front  of  them.  Two  of  the  clerks 
shall  sit  on  the  opposite  side  of  the  table  facing  the  chairman 
and  second  judge.  The  third  clerk  shall  sit  at  the  end  of 
the  table  to  the  left  of  the  chairman.  The  third  judge  shall  sit 
at  the  other  end  of  the  table  to  the  right  of  the  second  judge. 
The  sheriff  shall  arrange  a  stout  guard  rail  two  feet  six  inches 
from  the  outer  sides  of  the  said  table,  and  just  back  of  the 
so  arranged  chairs  of  the  judges  and  clerks,  so  that  the  guard 
rail  will  entirely  inclose  the  board  of  judges  and  clerks  when 
seated  as  aforesaid,  and  shall  serve  to  keep  the  bystanders 
off  from  the  table  and  yet  not  prevent  them  overlooking  the 
judges  and  clerks  to  see  that  they  read  and  tally  the  ballots 
correctly.  The  candidates,  and  their  agents  duly  appointed 
as  provided  in  section  2778,  are  hereby  declared  and  entitled 
to  be  present  in  the  room  where  the  ballot  boxes  are  from 
tiie  time  of  the  opening  of  the  polls  until  the  conclusion  of  the 
count,  and  the  returns  are  certified  and  sealed.  During  the 
time  for  voting  no  person  other  than  the  judges  and 
clerks  of  election,  and  the  electors  admitted  as  herein  pro- 


STATUTES  RELATING  TO  ELECTIONS.  99 

vided  for  the  purpose  of  preparing  their  ballot  and  voting, 
shall  be  admitted  or  permitted  to  be  within  the  guard  rail 
provided  for  in  section  2816.  During  the  time  for  counting 
the  ballots  no  person  other  than  the  judges  and  clerks,  and 
candidates,  and  their  agents  duly  appointed  as  provided  in 
section  2778,  shall  be  allowed  to  be  present  where  the  ballot 
boxes  are  and  when  the  count  is  being  conducted;  and  until 
after  the  count  is  fully  completed  and  the  returns  certified, 
signed,  and  sealed,  they  shall  not  be  admitted  or  permitted 
to  be  inside  of  the  guard  rail  provided  for  in  this  section. 
[L.  1891,  p.  27,  §  57;  H.  C.  p.  1194c.;  L.  1901,  p.  365,  §  21.] 

§  2818.     Entry  of  Voter's  Name  and  Delivery  of  Ballots. 

Any  person  desiring  to  vote  shall  give  his  name  and  his 
residence  to  the  first  of  the  election  clerks,  which  clerk  shall 
not  be  of  the  same  political  party  as  the  chairman,  who  shall 
thereupon  announce  the  name  and  residence  distinctly,  and 
write  in  the  poll  book  kept  by  him,  the  name  and  residence 
of  the  elector  and  the  word  "state"  or  "state  and  district," 
if  he  is  qualified  to  vote  for  such  officers  only,  and  also  write 
the  name  and  residence  of  the  elector,  and  if  proper,  the  word 
"state"  or  "state  and  district"  with  pen  and  ink  upon  the 
back  of  one  of  the  stubs  upon  one  of  the  white  ballots  provided 
under  this  act;  the  clerk  shall  then  with  pen  and  ink  write 
the  number  of  the  elector  upon  the  back  of  each  of  the  two 
stubs  upon  said  ballot;  he  shall  so  number  the  stubs  upon 
each  ballot  to  correspond  with  the  number  of  the  elector  in 
the  poll  book,  beginning  with  number  one  for  the  first  elector 
applying  to  vote,  number  two  for  the  second  elector,  and  so 
on,  and  he  shall  then  tear  off  the  stub  upon  which  he  wrote 
the  elector's  name.  The  clerk  shall  then  deliver  the  ballot, 
with  the  remaining  stub  still  attached  thereto,  to  the  elector. 
The  said  clerk  shall  give  the  elector  one  of  said  white  ballots, 
and  one  only.  The  clerk  shall  then,  at  once  and  before  issuing 
another  ballot,  deliver  the  stub  containing  the  name  ana 
number  of  the  elector  to  the  judges,  who  shall  pass  it  to  the 
second  clerk,  who  shall  immediately  enter  the  number  in  the 
poll  book  and  the  name  and  residence  of  the  elector  opposite 
thereto,  and  shall  retain  the  stub  in  his  possession.  [L.  1891, 
p.  27,  §  58;  H.  C.  p.  1194c.] 

§  2819.     Ballot,  How  Prepared  by  Voter — Delivery  to  Lnair- 

man. 

On  receipt  of  his  white  ballot  as  aforesaid,  the  elector  shall 
forthwith,  and  without  leaving  the  inclosed  space,  retire  alone 
to  one  of  the  compartments  or  places  provided,  and  shall 
there  prepare  his  ballot  by  marking  immediately  to  the  left 


100  STATUTES  RELATING  TO  ELECTIONS. 


of  the  name  of  the  candidate  of  his  choice  for  each  office  to 
be  filled,  or  by  writing  in  the  name  of  the  person  he  wishes 
to  vote  for;  and  in  case  of  a  constitutional  amendment  or 
other  question  submitted  to  the  vote  of  the  people,  by  marking 
immediately  to  the  left  the  answer  he  desires  to  make,  which 
shall  be  done  with  an  indelible  "copying"  pencil.  Before 
leaving  the  compartment  or  place  provided,  the  elector  shall 
fold  his  ballot  so  that  the  face  thereof  shall  be  concealed, 
without  displaying  the  ballot  or  informing  any  person  how 
he  has  prepared  it;  and  he  shall  fold  the  ballot  so  that  the 
remaining  stub  may  be  readily  torn  off  without  exposing  the 
contents  of  the  ballots  or  the  marks  or  crosses  thereon.  He 
shall  then  deliver  the  ballot  to  the  chairman,  and  state  his 
name  and  residence.  [L.  1891,  p.  28  §  59;  H.  C.  p.  1194c; 
L.  1895,  p.  86;  L.  1901  p.  366,  §  22.] 

§  2820.     Manner  of  Voting. 

Immediately  upon  receiving  the  ballot  from  the  elector,  the 
chairman  shall  repeat  the  name  and  residence  distinctly, 
and  shall  remove  the  remaining  half  of  the  stub  from  the 
ballot  without  exposing  the  contents  of  the  ballot  or  the  marks 
or  crosses  thereon,  and  pass  the  stub  to  the  second  clerk,  who 
shall  compare  it  with  its  counterpart,  and  observe  that  the 
name  written  on  the  counterpart  corresponds  with  the  name 
given  by  the  person  voting.  If  no  objection  is  made  to  the 
elector,  and  the  judges  are  satisfied  that  the  elector  is  legally 
qualified,  according  to  the  constitution  and  laws  of  the  State, 
to  vote  for  all  offices  to  be  filled  at  that  election,  and  that  the 
ballot  presented  is  the  identical  white  ballot  received  by  the 
elector  as  aforesaid  from  the  first  clerk,  the  chairman  shall 
immediately  put  the  ballot  in  the  box  marked  "general," 
without  any  one  inspecting  or  seeing  the  names  written  or 
printed  or  the  crosses  or  marks  upon  the  ballot,  and  without 
unfolding  the  same;  and  the  second  clerk  shall  enter  opposite 
the  name  and  number  of  the  elector  in  the  poll  book  the  word 
"voted,"  or  letter  "V,"  to  indicate  the  same.  [L.  1891,  p.  28, 
§  60;  H.  C.  p.  1194d.] 

§  2821.     Voting  for  State,  or  State  and  District  Officers. 

If  a  majority  of  the  judges  are  satisfied  the  elector  is 
legally  qualified  to  vote  in  that  precinct  only  for  "state" 
officers,  the  chairman  shall  immediately  write  with  pen  and 
ink  upon  the  back  of  the  ballot  the  word  "state"  and  sign 
his  (the  chairman's)  initials  thereto;  if  the  elector  is  qual- 
ified to  vote  for  district  officers  also,  the  chairman  shall  write 
as  aforesaid  the  words  "state  and  district" ;  in  either  such  case 
the  ballot  shall  then  be  deposited  in  the  box  marked  "state 
and  district,"  and  the  clerks  shall  add  to  the  name  of  the 


STATUTES  RELATING  TO  ELECTIONS.  101 

elector  upon  the  poll  books  the  word  "state"  or  "state  and 
district,"  as  the  case  may  be.  The  elector  shall  then  immedi- 
ately pass  out  by  the  way  indicated  by  the  judges.  [L.  1891, 
p.  29,  §  61;  H.  C.  p.  1194d] 

There  is  no  presumption  that  a  person  was  not  a  resident  of  a  precinct  where 
he  voted  because  he  did  not  vote  for  precinct  officers,  and  his  ballot  was 
indorsed  "state,  county,  and  district":  Van  Winkle  v.  Crabtree,  34  Or  478- 
55  Pac.  831. 

§  2822.     Spoiling   and  Reissue  of  Ballots. 

If  any  elector  by  accident  or  mistake  spoils  his  ballot  so 
that  he  can  not  conveniently  vote  the  same,  he  may,  on 
returning  said  spoiled  ballot,  receive  another  in  place  thereof. 
If  the  elector  spoils  three  such  ballots,  it  shall  be  conclusive 
evidence  that  the  elector  is  unable  to  prepare  his  ballot  with- 
out assistance,  and  he  shall  request  the  assistance  of  two  of 
the  judges  to  prepare  one  for  him.  When  the  elector  spoils 
a  ballot  and  returns  the  same  to  the  first  clerk,  the  clerk  shall 
write  upon  the  stub  the  word  "spoiled,"  and  sign  his  initials 
and  remove  the  stub  from  the  ballot  and  immediately,  pass 
the  stub  to  the  judges,  and  he  shall  then  immediately  destroy 
the  spoiled  ballot,  without  any  one  inspecting  its  contents, 
and  issue  another  to  the  elector  as  in  the  first  instance, 
affixing  the  same  name  and  number  to  the  stubs  as  the  original 
ballot.  [L.  1891,  p.  29,  §  62;  H.  C.  p.  1194e.] 

§  2823.     Destruction  of  Unused  Official  Ballots. 

No  person  shall  take  or  remove  any  white  ballot  from  the 
polling  place,  and  immediately  upon  the  closing  of  the  polls 
the  judges  shall  cause  all  the  white  ballots  remaining  unused 
tc  be  immediately  destroyed  by  tearing  them  in  pieces  or  by 
burning  them.  [L.  1891,  p.  29,  §  63;  H.  C.  p.  1194e.] 

§  2824.     Preservation  of  Stubs. 

As  fast  as  electors  vote,  as  aforesaid,  the  second  clerk  shall 
string  the  mated  stubs  upon  a  strong  thread,  and  immediately 
upon  the  closing  of  the  polls  he  shall  securely  knot  together 
the  ends  of  the  thread  and  carefully  preserve  the  same.  [L. 
1891,  p.  29,  §  64;  H.  C.  p.  1194/.] 

§  2825.     But  One  Person  in  Booth  at  One  Time. 

Not  more  than  one  person  at  one  time  shall  be  permitted  to 
occupy  any  one  compartment  or  place  provided  for  electors  to 
prepare  their  ballots,  and  no  person  shall  remain  in  or  occupy 
such  compartment  longer  than  may  be  reasonably  necessary 
to  prepare  his  ballot.  Every  elector  who  does  not  vote  any 
ballot  delivered  to  him  shall,  before  leaving  the  polling  place, 
return  such  ballot  to  the  first  clerk,  who  shall  write  upon 
the  stub  thereon  "not  voted,"  and  sign  his  initials  and  treat 


102  STATUTES  RELATING  TO  ELECTIONS. 


the  stub  and  ballot  in  the  same  manner  as  in  the  case  of  a 
spoiled  ballot,  and  both  clerks  shall  note  the  fact  upon  the 
poll  books  by  drawing  a  line  with  pen  and  ink  across  the  name 
of  the  person  and  writing  the  words  "not  voted."  [L.  1891, 
p.  29,  §  65;  H.  C.  p.  1194/.] 

§  2826.     Assistance  in  Marking  Ballot. 

Any  elector  who  declares  to  the  chairman  that  he  can  not 
read  or  write,  or  that  by  blindness  or  other  physical  disability 
he  is  unable  to  prepare  his  ballot  shall,  upon  request,  receive 
the  assistance  of  two  of  the  judges  in  the  preparation  thereof, 
and  such  officers  shall  ascertain  his  wishes  and  prepare  his 
ballot  in  accordance  therewith,  and  such  officers  shall  there- 
after give  no  information  regarding  the  same.  The  chairman 
may,  in  his  discretion,  require  such  declarations  of  disability 
to  be  made  by  the  elector  under  oath.  Whenever  an  elector 
receives  assistance  in  this  manner,  the  second  clerk  shall 
write  upon  the  poll  book  opposite  the  name  of  the  elector  the 
word  "assisted/'  and  if  sworn,  also  "sworn."  In  preparing 
his  ballot  any  elector  shall  be  at  liberty  to  use  or  copy  any 
colored  or  sample  ballot,  provided  by  this  act,  which  he  may 
choose  to  mark  or  to  have  had  marked  in  advance,  to  assist 
him  in  marking  the  official  ballot.  [L.  1891,  p.  30,  §  66;  H.  C. 
p.  1194A] 

§  2827.     Giving  Information  as  to  Vote  or  Interfering  With 

Voter — Penalty. 

Any  elector  who  shall  use  or  bring  into  the  polling  place 
or  carry  away  therefrom  any  unofficial  ballot  or  any  paper 
or  thing  bearing  any  resemblance  to  the  official  white  ballot 
other  than  said  colored  or  sample  ballot,  or  anything 
which  will  show  how  he  has  prepared  the  white  ballot,  or  any 
elector  who  shall,  except  as  herein  otherwise  provided,  allow 
his  white  ballot  to  be  seen  by  any  person  with  an  apparent 
intention  of  letting  it  be  known  how  he  is  about  to  vote,  or 
mutilate  his  ballot,  or  place  any  distinguishing  mark  upon  his 
ballot,  whereby  the  same  may  be  identified,  or  who  shall 
make  a  false  statement  as  to  his  inability  to  mark  his  ballot, 
or  any  person  who  shall  interfere,  or  attempt  to  interfere, 
with  any  voter  when  inside  said  inclosed  space,  or  when 
marking  his  ballot,  or  who  shall  endeavor  to  induce  any  voter 
to  mark  his  ballot  in  a  particular  way,  or  before  or  after 
voting  to  show  or  explain  how  he  marks  or  has  marked  his 
ballot,  upon  conviction  shall  be  punished  by  a  fine  of  not 
less  than  $50  nor  more  than  $200.  [L.  1891,  p.  30,  §  67;  H.  C. 
p.  11940.] 

A  ballot  on  which  an  elector  wrote  in  the  space  appropriated  to  candidates 
the  name  of  a  person  for  whom  he  desired  to  vote,  such  person  not  being-  a 
listed  candidate,  should  not  be  rejected  as  bearing  a  distinguishing  mark, 


STATUTES   RELATING   TO    ELECTIONS.  103 


notwithstanding  it  is  possible  that  the  name  so  written  may  afford  a  means 
of  identifying  the  voter ;  but  a  ballot  having  a  mark  "O.  K."  written  on  the 
blank  space  beneath  a  set  of  candidates  is  void  for  this  reason ;  so,  one 
having  the  words  "voted  for"  written  after  the  name  of  one  of  the  candidates, 
in  addition  to  the  required  voting  mark ;  so,  ballot  having  the  names  of  all 
the  candidates  for  a  certain  office  marked  out  and  then  one  of  such  names 
written  in  the  blank  space  left  for  extra  names,  cannot  be  counted ;  nor  could 
a  ballot  having  a  line  drawn  through  the  name  of  each  candidate  but  one. 
Van  Winkle  v.  Crabtree,  34  Or.  462,  55  Pac.  831. 

§  2828.     Election  Supplies  Furnished  by  Secretary  of  State. 

It  shall  be  the  duty  of  the  Secretary  of  State,  not  less 
than  six  months  before  every  biennial  election  in  this  State, 
to  compile  the  election  laws  of  the  State  and  index  the  same, 
and  cause  the  same  to  be  printed  in  suitable  pamphlet  form, 
for  the  use  of  the  judges  of  election;  also  suitable  poll  books, 
required  by  and  in  accordance  with  section  2782;  also  tally 
sheets,  required  by  and  in  accordance  with  section  2784; 
also  "register  of  nominations"  books,  required  by  section  2799 ; 
also  receipts,  required  by  and  in  accordance  with  section  2815; 
needles  for  stringing  ballots  and  stubs,  as  required  by  sections 
2783  and  2784,  and  indelible  "copying"  pencils,  suitable  for 
cancelling  the  names  of  candidates  not  voted  for,  as  required 
by  section  2819,  and  he  shall  forthwith  proceed  and  distribute 
the  same  to  the  several  county  clerks  in  the  State,  in  appro- 
priate quantities.  The  bills  for  furnishing  said  pamphlet 
copies  of  the  election  laws,  for  ruling,  printing,  and  binding 
such  poll  books,  blanks,  receipts,  register  of  nominations,  and 
tally  sheets,  and  procuring  said  needles  and  pencils,  and  for 
preparing  and  delivering  the  same,  as  required  by  this  act, 
shall  be  audited  by  the  Secretary  of  State,  and  paid  out  of 
any  moneys  in  the  treasury  not  otherwise  appropriated.  [L. 
1891,  p.  30,  §  68;  H.  C.  p.  1194/7.] 

§  2829.     Penalty  for  Interfering  With  Secrecy  of  Ballot. 

Any  officer  upon  whom  a  duty  is  imposed  by  this  act  who 
shall  disclose  to  any  person  the  name  of  any  candidate  for 
whom  any  elector  has  voted,  or  give  any  information  by 
which  it  can  be  ascertained  for  whom  any  elector  has  voted, 
or  any  judge  or  clerk  of  election  or  other  officer  about  the 
polls  who  shall  do  any  electioneering  on  election  day,  or  any 
person  who  shall  do  any  electioneering  on  election  day  with- 
in any  polling  place  or  within  fifty  feet  of  any  polling  place, 
or  any  person  who  shall  remove  any  white  ballot  from  any 
polling  place  before  the  closing  of  the  polls,  or  any  person 
who  shall  knowingly  apply  for  and  receive  any  white  ballot 
in  any  polling  place  other  than  that  in  which  he  is  entitled 
to  vote,  or  any  person  who  shall  show  his  ballot  after  it  is 
marked  to  any  person  in  such  way  as  to  reveal  the  contents 
thereof,  or  the  name  of  the  candidate  or  candidates  for  whom 
he  has  marked  his  ballot,  or  any  person  (except  the  chair- 


104  STATUTES  RELATING  TO  ELECTIONS. 


man  of  election)  who  shall  receive  from  any  voter  the  ballot 
prepared  for  voting,  or  any  person  who  shall  contrary  to  this 
act,  ask  another  at  a  polling  place  for  whom  he  intends  to 
vote,  or  who  shall  examine  his  ballot  or  solicit  the  voter 
to  show  the  same,  or  any  elector  who  shall  knowingly  receive 
any  white  ballot  from  any  other  person  than  one  of  the 
election  clerks,  or  any  person  who  shall  print  or  circulate 
or  knowingly  have  in  his  possession  any  imitation  of  the 
official  white  or  colored  ballots,  or  any  person,  other  than 
a  clerk  of  election,  who  shall  deliver  any  white  ballot  to 
an  elector,  or  any  elector  who  shall  deliver  any  ballot 
to  the  chairman  to  be  voted  except  the  one  he  received  from  the 
first  election  clerk,  or  any  elector  or  any  one  who  shall,  con- 
trary to  the  provisions  of  this  act,  place  any  mark  upon  or 
do  any  thing  to  his  or  any  white  ballot  by  which  it  may  after- 
wards be  identified  as  the  one  voted  by  any  particular  indi- 
vidual, upon  conviction  shall  be  r>unished  by  a  fine  of  not  less 
than  $50  and  not  more  than  $500,  or  by  imprisonment  in  the 
county  jail  not  less  than  three  months  nor  more  than  one  year, 
or  both,  in  the  discretion  of  the  court.  [L.  1891,  p.  31,  §  69; 
H.  C.  p.  1194ft.] 

See  act  to  prevent  coercion  or  intimidation  of  voters  at  public  elections  ante, 
Vol.  I,  sections  1905,  1906. 

§  2830.     Penalty  for  Tampering  With  Ballots. 

Any  judge  or  clerk  of  election  who  shall  wilfully  disregard 
any  of  the  provisions  of  this  act,  or  who  shall  negligently 
fail  to  enforce  any  of  the  provisions  of  this  act,  or  who  shall 
in  the  counting  of  the  ballots  or  making  the  returns  thereof, 
wilfully  disregard  any  of  the  directions  or  requirements  of 
this  act,  or  any  person  who  shall  wilfully  or  fraudulently 
alter  or  destroy  any  white  ballot  cast  at  any  election  or  any 
of  the  returns  of  any  election  regulated  by  this  act,  or  who 
shall  introduce  among  the  genuine  ballots  a  fraudulent  ballot, 
or  any  person  who  shall  falsely  write  the  initials  of  the  chair- 
man or  any  writing  upon  the  ballot  or  ballot  stub  purporting 
to  be  written  by  the  clerk  or  chairman,  or  any  person  who 
shall  steal  any  of  the  ballots  or  returns,  or  wilfully  or  fraud- 
ulently hinder  or  delay  the  delivery  of  any  of  the  election 
returns  to  the  county  clerk,  or  wilfully  break  open  any  of 
such  sealed  returns  of  any  election  regulated  by  this  act, 
upon  conviction  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three 
years,  or  by  fine  not  less  than  $500  nor  more  than  $2,000, 
or  both  such  fine  and  imprisonment.  [L.  1891,  p.  31,  §  70; 
H.  C.  p.  1194*.] 


STATUTES  RELATING  TO  ELECTIONS.  105 


§  2831.     Mutilation  of  Election  Papers. 

Any  person  who  shall,  prior  to  or  during  an  election,  wil- 
fuly  deface,  tear  down,  remove  or  destroy  any  list  of 
candidates  or  other  notice  posted  in  accordance  with  the  pro- 
visions of  this  act,  or  who,  during  an  election,  shall  wilfully 
deface,  tear  down,  remove,  or  destroy  any  card  of  instruction 
or  specimen  ballots  posted  under  the  provisions  of  this  act 
for  the  instruction  of  voters,  or  who  shall  deface,  tear  down, 
remove,  alter,  or  destroy  any  certificate  of  the  result  of  the 
election  posted  under  the  provisions  of  this  act,  or  who  shall, 
during  an  election,  wilfully  remove  or  destroy  any  of  the 
official  white  or  sample  ballots,  supplies  or  conveniences 
furnished  to  enable  a  voter  to  prepare  his  ballot,  or  who  shall 
wilfully  break  the  seals  or  open  any  of  the  sealed  packages 
containing  any  of  the  supplies  for  the  polling  places  contrary 
to  the  provisions  of  this  act,  upon  conviction  shall  be  punished 
by  a  fine  of  not  less  than  $50  nor  more  than  $500,  or  by 
imprisonment  in  the  county  jail  not  more  than  one  year,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 
[L.  1891,  p.  32,  §  71;  H.  C.  p.  1194i] 

§  2832.     Names  of  Candidates  for  United  States  Senate  to 

be  Placed  on  Ballots. 

At  all  general  elections  next  preceding  the  election  of  a 
senator  in  Congress  by  the  legislature  of  Oregon  there  shall 
be  placed  upon  the  official  ballot  by  each  of  the  county  clerks 
and  clerks  of  the  county  court  the  names  of  all  candidates 
for  the  office  of  senator  in  Congress  that  have  been  nominated 
in  any  of  the  methods  now,  or  which  may  hereafter  be,  pro- 
vided by  law  for  the  nomination  of  state  officers  of  the  State 
of  Oregon,  the  votes  for  which  candidates  shall  be  counted 
and  certified  to  by  the  election  judges  in  the  same  manner  as 
the  votes  for  other  candidates;  and  records  of  the  vote  for 
such  candidates  shall  be  made  out  and  sworn  to  by  the  board  of 
canvassers  of  each  county  of  the  State  and  returned  to  the 
Secretary  of  State,  who  shall  transmit  duplicate  copies  of  such 
returns  to  the  Legislative  Assembly  at  its  next  ensuing  session, 
one  of  which  shall  be  addressed  to  the  senate  and  the  other  to 
the  house  of  representatives  of  the  State  of  Oregon,  one  coDy 
of  which  shall  be  delivered  by  him  to  the  president  of  the 
senate,  and  the  other  to  the  speaker  of  the  house  of  repre- 
sentatives, after  the  organization  of  such  bodies,  which  officers 
shall  open  and  lay  the  same  before  the  separate  houses  when 
assembled  to  elect  a  senator  in  Congress  as  now  required  by 
law  of  Congress;  and  it  shall  be  the  duty  of  each  house  to 
count  the  votes  and  announce  the  candidate  for  senator  having 
the  highest  number,  and  thereupon  the  house  shall  proceed 


106  STATUTES  RELATING  TO  ELECTIONS. 


to  the  election  of  a  senator  as  required  by  the  act  of  Congress 
and  the  constitution  of  this  State.     [L.  1901,  p.  143,  §  1.] 

§  2838.     Penalty  for  Official  Misconduct. 

If  any  judge  or  clerk  of  election,  or  any  other  person  in 
any  manner  concerned  in  conducting  the  election,  shall  cor- 
ruptly violate  any  of  the  provisions  of  this  chapter,  he  shall 
forfeit  and  pay  to  the  county  a  sum  not  less  than  $50  nor  more 
than  $500,  to  be  recovered  by  a  civil  action  in  the  name  of 
the  county  court  of  the  proper  county.  In  all  elections  in 
this  State,  the  person  having  the  highest  number  of  votes  for 
any  office  shall  be  deemed  to  have  been  elected.  [L.  1870, 
p.  91,  §  34;  D.  &  L.  p.  574,  §  40;  H.  C.  §  2543.] 

CHAPTER  VIII. 
OF  PRESIDENTIAL  ELECTORS 

§  2856.     Election  of  Presidential  Electors. 

On  the  Tuesday  next  after  the  first  Monday  in  November, 
1864,  and  every  four  years  thereafter,  there  shall  be  elected  by 
the  qualified  electors  of  this  State  as  many  electors  of  presi- 
dent and  vice  president  as  this  State  may  be  entitled  to  elect 
of  senators  and  representatives  in  Congress.  [D.  Cd.  p.  846, 
§  1;  D.  &  L.  p.  578,  §  58;  H.  C.  §  2561.] 

§  2857.     When  to  Convene — Vacancies  Duty  of  Electors. 

The  electors  of  president  and  vice-president  shall  convene 
at  the  seat  of  government  on  the  first  Wednesday  of  December 
next  after  the  election,  at  the  hour  of  twelve  of  the  clock 
at  noon  of  that  day,  and  if  there  shall  be  any  vacancy  in  the 
office  of  an  elector,  occasioned  by  death,  refusal  to  act, 
neglect  to  attend,  or  otherwise,  the  electors  present  shall  im- 
mediately proceed  to  fill  by  viva  voce  and  plurality  of  votes, 
such  vacancy  in  the  electoral  college,  and  when  all  electors 
shall  appear,  or  the  vacancies,  if  any,  shall  have  been  filled 
as  above  provided,  such  electors  shall  proceed  to  perform  the 
duties  required  of  them  by  the  constitution  and  laws  of  the 
United  States.  [D.  Cd.  p.  849,  §  2;  D.  &  L.  p.  578,  §  59; 
H.  C.  §  2562.] 

§  2858.     Canvass  of  Votes. 

The  votes  for  the  electors  shall  be  given,  received,  returned, 
and  canvassed  as  the  same  are  given,  returned,  and  canvassed 
for  members  of  Congress.  The  Secretary  of  State  shall  pre- 
pare two  lists  of  the  names  of  the  electors  elected,  and  affix 
the  seal  of  the  State  to  the  same.  Such  lists  shall  be  signed 


STATUTES  RELATING  TO  ELECTIONS.  '   107 


by  the  Governor  and  Secretary,  and  by  the  latter  delivered 
to  the  college  of  electors  at  the  hour  of  their  meeting  on 
such  first  Wednesday  of  December.  [D.  Cd.  p.  849,  §  3 ;  D.  &  L. 
p.  578,  §  60;  H.  C.  §  2563.] 

§  2859.     Compensation  of  Electors. 

Every  such  elector  who  shall  attend  at  the  time  and  place 
appointed,  and  give  his  vote  for  president  and  vice  president 
shall  be  entitled  to  receive  from  this  State  $3  for  each  day's 
attendance  at  such  election,  and  $3  for  every  twenty  miles 
travel  in  going  to  and  returning  from  the  place  where  the 
electors  shall  meet,  on  the  usually  traveled  route.  [D.  Cd. 
p.  849,  §  4;  D.  &  L.  p.  578,  §  61 ;  H.  C.  §  2564.] 


CHAPTER  V. 

OF  OFFENSES  AGAINST  THE  SUFFRAGE 

§  1900.     Bribing  or  Offering  to  Bribe  Voter. 

If  any  person  shall  give,  offer,  or  promise  to  give  any  gift, 
gratuity,  valuable  consideration,  or  thing  whatever  to  any 
voter  of  this  State,  or  shall  promise  to  do  or  cause  to  be  done 
any  act  beneficial  to  such  voter,  with  intent  to  influence  or  in- 
duce such  voter  to  vote  at  any  legally  authorized  election  in 
this  State,  for  or  against  a  particular  person  or  candidate,  or 
in  a  particular  way,  such  person,  upon  conviction  thereof,  shall 
be  punished  by  imprisonment  in  the  penitentiary  not  less  than 
one  year  nor  more  than  five  years,  or  by  imprisonment  in  the 
county  jail  not  less  than  three  months  nor  more  than  one  year. 
[L.  1864;  D.  Cd.  §  616;  D.  &  L.  §  627;  H.  C.  §  1843.] 

§  1901.     Voter  Receiving  Bribe  or  Promise  of  the  Same. 

If  any  voter  of  this  State  shall  accept  any  gift,  gratuity, 
valuable  consideration,  or  thing,  or  any  promise  thereof,  or 
any  promise  to  do  or  cause  to  be  done,  any  act  beneficial  to 
such  voter,  with  the  understanding  or  agreement,  express  or 
implied,  that  such  voter  will,  at  any  legally  authorized  election 
in  this  State,  give  his  vote  for  or  against  a  particular  person 
or  candidate,  or  in  a  particular  way,  such  voter,  upon  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  one  year  nor  more  than  five  years, 
or  by  imprisonment  in  the  county  jail  not  less  than  three 
months  nor  more  than  one  year.  [L.  1864 ;  D.  Cd.  §  617 ; 
D.  &  L.  §  628;  H.  C.  §  1844.] 


108  STATUTES  RELATING  TO  ELECTIONS. 


§  1902.  Voter — Definition  of — Punishment  for  Second  Crime. 
A  person  who  actually  votes,  or  offers  to  vote,  at  the  election 
specified  and  designated  in  sections  1900  and  1901,  although  by 
law  he  may  not  be  entitled  to  vote  thereat,  shall  be  deemed  and 
held  to  be  a  voter  within  the  meaning  of  such  sections  1900 
and  1901,  and  for  the  purposes  therein  expressed.  If  any 
person,  having  been  convicted  of  any  crime  defined  in  sections 
1900  and  1901,  shall  afterwards  be  convicted  of  the  same  or 
any  other  crime  therein  defined,  such  person  shall  be  punished 
by  imprisonment  in  the  penitentiary  as  therein  provided,  and 
not  otherwise.  [L.  1864;  D.  Cd.  §  618;  D.  &  L.  §  629;  H.  C. 
§  1845.] 

§  1903.     Voting  or  Offering  to  Vote  Illegally. 

If  any  person  shall  vote,  or  offer  to  vote,  at  any  legally 
authorized  election  in  this  State,  knowing  himself  not  entitled 
by  law  to  vote  thereat,  or  shall  vote,  or  offer  to  vote,  at  any 
poll  or  in  any  precinct  at  any  such  election,  knowing  himself 
not  entitled  to  vote  at  such  poll  or  in  such  precinct,  such  person, 
upon  conviction  thereof,  shall  be  punished  by  imprisonment 
in  the  county  jail  not  less  than  three  months  nor  more  than 
one  year,  or  by  fine  not  less  than  $100  nor  more  than  $500. 
[L.  1864 ;  D.  Cd.  §  619 ;  L.  1870,  p.  85,  §  19 ;  D.  &  L.  §  630 ;  H.  C. 
§  1846.] 

§  1904.     Violence  to  Prevent  Person  from  Voting,  etc. — Pun- 
ishment of. 

If  any  person  or  persons  shall  by  menace,  threat,  or  violence, 
whether  armed  or  unarmed,  intimidate  or  prevent,  or  attempt 
to  intimidate  or  prevent  any  person  from  challenging  another 
voter,  or  to  prevent  any  person  from  voting,  such  person  or 
persons  so  offending  shall,  upon  conviction,  be  punished  by  im- 
prisonment in  the  county  jail  not  less  than  three  months  nor 
more  than  one  year.  [L.  1870,  p.  86,  §  21 ;  D.  &  L.  §  631 ;  H.  C. 
§  1847.] 

§  1905.     Intimidation  of  Voters  by  Corporations,  etc. 

Any  person  or  corporation  who  directly  or  indirectly  uses 
any  force,  violence,  or  restraint,  or  inflicts  or  threatens  to  inflict 
any  injury,  damage,  harm,  or  loss,  or  in  any  other  manner 
practices  intimidation  upon  or  against  any  person  in  his  or  its 
employ,  in  order  to  induce  or  compel  such  person  to  refrain 
from  voting  at  any  election,  or  to  vote  or  to  refrain  from  voting 
for  or  gainst  any  person  or  persons,  or  for  or  against  any 
proposition  submitted  to  the  voters  at  such  election,  or  to  place 
or  cause  to  be  placed,  or  refrain  from  placing  or  causing  to  be 
placed,  his  name  upon  a  registry  of  voters,  or  on  account  of 


STATUTES  RELATING  TO  ELECTIONS.  109 


any  person  having  so  voted  or  refrained  from  voting  at  such 
election,  or  having  registered  or  refrained  from  registering  as 
a  voter ;  or  by  abduction,  duress,  or  any  forcible  or  fraudulent 
device  or  contrivance  whatsoever  impedes,  prevents,  or  other- 
wise interferes  with  the  free  exercise  of  the  elective  franchise 
by  any  such  employee;  or  compels,  induces,  or  prevails  upon 
any  voter  to  give  or  refrain  from  giving  his  vote  for  or  against 
any  particular  person  or  proposition  at  any  election ;  or,  being 
an  employer,  pays  his  employee  the  salary  or  wages  due  him 
in  pay  envelopes  upon  which  there  is  written  or  printed  any 
political  motto,  device,  or  arguments  containing  threat,  express 
or  implied,  intended  or  calculated  to  influence  the  political 
opinions  or  actions  of  such  employees;  or  within  ninety  days 
of  a  general  election  puts  or  otherwise  exhibits  in  the  establish- 
ment or  place  where  his  employees  are  engaged  in  labor  any 
handbill  or  placard  containing  any  threat,  notice,  or  inform- 
ation that  of  any  particular  ticket  or  candidate  is  elected, or 
defeated,  work  in  his  place  or  establishment  will  cease,  in 
whole  or  in  part,  his  establishment  be  closed  up  or  the  wages 
of  his  employees  reduced,  or  other  threats,  expressed  or  im- 
plied, intended  or  calculated  to  influence  the  political  opinions 
or  actions  of  his  or  its  employee,  is  guilty  of  a  misdemeanor. 
[L.  1901,  p.  160,  §  1.] 

§  1906.     Penalty  -for  Violating  Last  Section. 

Any  person  or  corporation  found  guilty  of  a  violation  of 
any  of  the  provisions  of  the  preceding  section  of  this  act 
shall  be  fined  in  a  sum  not  less  than  $100  nor  more  than 
$1,000,  and  if  a  corporation,  shall  in  addition,  forfeit  its 
charter.  [L.  1901,  p.  161,  §  2.] 

§  1907.     Importing  Voters  a  Felony. 

Any  person  who  shall  by  promise  of  favor  or  reward,  or 
otherwise,  induce  or  persuade  any  person  to  come  into  this 
State,  or  into  any  county  or  precinct  within  this  State,  for 
the  purpose  and  with  the  intent  that  such  person  shall,  by 
so  changing  his  habitation,  vote  at  any  general  election 
which  may  hereafter  be  held  in  this  State,  at  any  place  where 
such  voter  or  person  is  not  a  bona  fide  resident,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be 
punished  as  hereinafter  provided.  [L.  1870,  p.  22,  §  1 ;  D.  &  L. 
§  632;  H.  C.  §  1848.] 

State  v.   Reed,   52   Or.    377. 

§  1908.     Inducing  Voters  to  Absent  Themselves  a  Felony. 

Any  person  shall  also  be  deemed  guilty  of  a  felony  who 
shall  by  promises  of  favor  or  reward,  or  otherwise,  induce 
or  persuade  any  voter  within  this  State  to  absent  himself 


110  STATUTES  RELATING  TO  ELECTIONS. 


from  his  actual  and  bona  fide  place  of  residence  with  intent 
to  prevent  or  hinder  such  person  from  voting  at  such  place  of 
residence  at  any  general  election  in  this  State.  [L.  1870,  p. 
22,  §  2;  D.  &  L.  §  633;  H.  C.  §  1849.] 

§  1909.  Inducing  Voters  to  Stay  Away  From  Polls  a  Felony. 
Any  person  who  shall,  in  the  manner  provided  in  the  pre- 
ceding section,  induce  or  persuade  any  legal  voter  to  remain 
away  from  the  polls,  and  not  vote  at  any  general  election  in 
this  State  shall,  on  conviction,  be  deemed  guilty  of  a  felony. 
[L.  1870,  p.  23,  §  3;  D.  &  L.  §  634;  H.  C.  §  1850.] 

§  1910.  Penalty  for  Violating  the  Preceding  Three  Section*. 
Any  person  upon  conviction  for  a  violation  of  either  of 
the  preceding  sections  shall  be  imprisoned  in  the  penitentiary 
not  less  than  one  nor  more  than  three  years,  or  shall  be  fined 
not  less  than  $100  nor  more  than  $1,000,  or  shall  be  punished 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court,  and  shall  be  forever  ineligible  to  hold  any  office  of 
trust  or  profit  in  this  State.  [L.  1870,  p.  23,  §  4 ;  D.  &  L.  §  635 : 
H.  C.  §  1851.] 

§  1911.     Negligence  or  Corruption  of  Officers  of  Election. 

If  any  judge  or  clerk  of  election,  or  other  officer  or  person 
on  whom  any  duty  is  enjoined  by  law  relative  to  any  election 
authorized  by  law,  or  to  the  return  or  canvassing  of  votes 
given  at  any  such  election,  shall  be  guilty  of  any  wilful  neglect 
of  such  duty,  or  of  any  corrupt  conduct  in  the  discharge  of 
the  same,  such  judge,  clerk,  officer,  or  other  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three  years, 
or  by  imprisonment  in  the  county  jail  not  less  than  three 
months  nor  more  than  one  year,  or  by  fine  not  less  than  $100 
nor  more  than  $500.  [L.  1864 ;  D.  Cd.  §  660 ;  D.  &  L.  §  675 ; 
H.  C.  §  1898.] 

§  1912.     Disorderly  Conduct  at  Polls. 

If  any  person  shall  behave  in  a  riotous,  disorderly,  or 
tumultous  manner  at  or  in  the  immediate  vicinity  of  any  poll 
or  place  of  voting  during  the  progress  of  any  election  author- 
ized by  law,  or  shall  wilfully  and  wrongfully  disturb  or 
interrupt  the  officers  or  either  of  them  engaged  in  holding  any 
such  election,  or  any  person  being  in  such  vicinity  and  voting 
or  attempting  or  intending  to  vote  tnereat,  such  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  not  less  than  one  month  nor  more  than  one  year, 
or  by  fine  not  less  than  $50  nor  more  than  $500.  [L.  1864; 
D.  Cd.  §  661 ;  D.  &  L.  §  676;  H.  C.  §  1899.] 


STATUTES  RELATING  TO  ELECTIONS.  Ill 


§  1975.     Disposing  of  Liquor  on  Election  Day — Penalty  There- 
for. 

It  shall  be  unlawful  in  this  State  for  any  person  to  barter, 
sell,  give  away,  or  in  any  manner  dispose  of  any  intoxicating 
liquor  on  the  day  of  any  general  or  special  election  of  state, 
county,  or  municipal  officers,  within  the  state,  district,  county, 
or  corporation  in  which  such  election  is  held.  Any  person  violat- 
ing the  provisions  of  this  act  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  $25  nor  more  than  $200, 
or  by  imprisonment  in  the  county  jail  not  less  than  ten  nor 
more  than  thirty  days,  or  both,  in  the  discretion  of  the  court. 
[L.  1874,  p.  72,  §§  1,  2;  H.  C.  §§  1910,  1911.] 

§  1976.     Violations  of  Act  to  Be  Reported  to  Grand  Jury — 

Fines,   How   Disposed   of. 

It  is  hereby  made  the  duty  of  all  magistrates,  sheriffs,  and 
constables  to  report  to  the  grand  jury  all  violations  of  the 
provisions  of  this  act  which  may  come  to  their  knowledge  in 
their  respective  counties ;  and  all  fines  collected  under  this  act 
shall  be  paid  into  and  become  a  part  of  the  common  school 
fund  of  the  county  in  which  the  same  shall  be  collected. 
[L.  1874,  p.  73,  §  3 ;  H.  C.  §  1912.] 


(Chapter    171,     Laws    1907.) 

AN  ACT  [H.  B.  62.] 

To    amend    section    1878    of    the    laws    of    Oregon    as    compiled    by    Charles    B. 
Bellinger  and  William   W.   Cotton. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  That  section  1878  of  the  Codes  and  Statutes  of 
the  State  of  Oregon,  as  compiled  and  annotated  by  Charles  B. 
Bellinger  and  William  W.  Cotton,  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows : 

Sec.  1878.  If  any  person  shall  corruptly  give,  offer, 
or  promise  to  give  any  gift,  gratuity,  valuable  consideration, 
or  thing  whatever,  or  shall  corruptly  promise  to  do  or  cause  to 
be  done  any  act  beneficial  to  any  judicial,  legislative  or  execu- 
tive officer,  or  shall  intimidate  or  attempt  to  intimidate  or  shall 
threaten  any  injury  to  the  person  or  property  of  such  or  any 
judicial,  legislative  or  executive  officer  with  intent  to  influence 
the  vote,  oDinion,  decision,  judgment,  or  other  official  conduct 
of  such  officer  in  any  matter,  question,  duty,  cause  or  proceed- 
ing, which  then  is  or  by  law  may  come  or  be  brought  before 
such  officer,  or  with  intent  to  influence  such  officer  to  act  in  his 
official  capacity  in  a  particular  manner  as  to  produce  or  prevent 


112  STATUTES  RELATING  TO  ELECTIONS. 

any  particular  result,  such  person,  upon  conviction  thereof ,  shall 
be  punished  by  imprisonment  in  the  penitentiary  not  less  than 
one  nor  more  than  ten  years,  or  by  imprisonment  in  the  county 
jail  not  less  than  one  month  nor  more  than  one  year,  or  by 
a  fine  of  not  less  than  one  hundred  ($100)  dollars  nor  more 
than  one  thousand  ($1,000)  dollars. 
Filed  in  the  office  of  the  Secretary  of  State  February  25,  1907. 


(Chapter  105,   Laws   1907.) 

AN  ACT  [H.  B.  250.] 

To  provide  for   the  making  and  signing:  of  a  permanent  record  of  all  elections 
and  of  the  votes  cast  at  such  election,  by  the  county  boards  of  canvassers. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  That  the  following  section  be  enacted  to  be  known 
as  section  2833a  of  the  Codes  and  Statutes  of  Oregon  as  com- 
piled and  annotated  by  Hons.  C.  B.  Bellinger  and  W.  W.  Cotton, 
the  same  to  read  as  follows : 

Sec.  2833a.  Upon  the  completion  of  the  canvass  of  the 
votes  by  the  county  board  of  canvassers  as  provided  in  section 
2833,  the  county  clerk  shall  enter  in  a  book  to  be  kept  for  that 
purpose  and  known  as  the  "Election  Record,"  a  complete 
summary  of  all  the  votes  cast  in  his  county  for  all  offices  and 
all  candidates  for  such  offices,  and  for  all  measures  or  ques- 
tions voted  upon  at  said  election,  and  shall  enter  in  said 
election  record  the  declaration  of  the  board  of  canvassers 
showing  the  final  decision  upon  any  office,  measure  or  ques- 
tion, when  such  final  decision  is  based  upon  the  vote  of 
the  county;  this  record  to  be  signed  by  the  board  of  can- 
vassers and  attested  by  the  seal  of  the  county. 
Filed  in  the  office  of  the  Secretary  of  State  February  25,  1907. 


(Chapter  226,  Laws  1907.) 

AN  ACT  [H.  B.  123.] 

To  provide  for  carrying  into  effect  the  initiative  and  referendum  powers  reserved 
by  the  people  in  section  1  and  section  la  of-  Article  IV  of  the  Constitution 
of  the  State  of  Oregon  on  general,  local,  special,  and  municipal  legislation  ; 
to  regulate  elections  thereunder ;  to  punish  violations  of  this  act ;  and  to  repeal 
an  act  entitled  "An  act  making  effective  the  initiative  and  referendum  provis- 
ions of  section  1  of  Article  IV  of  the  Constitution  of  the  State  of  Oregon,  and 
regulating  elections  thereunder,  and  providing  penalties  for  violations  of  provi- 
sions of  this  act,"  approved  by  the  Governor  and  filed  in  the  office  of  the 
Secretary  of  State  on  the  24th  day  of  February,  1903,  and  for  carrying 
into  effect  amendment  to  section  2,  article  XI,  of  the  Constitution,  granting 
to  cities  and  towns  the  right  to  enact  and  amend  their  charters. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.     The  following  shall  be  substantially  the  form 
of  petition   for   the   referendum   to   the   people   on   any   act 


STATUTES  RELATING  TO  ELECTIONS.  113 


passed  by  the  Legislative  Assembly  of  the  State  of  Oregon, 
or  by  a  city  council: 

WARNING 

It  is  a  felony  for  any  one  to  sign  any  initiative  or  referendum 
petition  with  any  name  other  than  his  own,  or  to  knowingly  sign  his 
name  more  than  once  for  the  same  measure,  or  to  sign  such  petition 
when  he  is  not  a  legal  voter. 

PETITION  FOR  REFERENDUM    . 

To  the  Honorable  ,   Secretary  of   State  for  the 

State  of  Oregon   (or  to  the  Honorable  ,  Clerk,  auditor, 

or  recorder,  as  the  case  may  be,  of  the  city  of , )  : 

We,  the  undersigend  citizens  and  legal  voters  of  the  State  of  Oregon 

(and  the  district  of ,  county  of ,  or 

city    of    ,    as    the    case    may    be),    respectfully 

order  that  the  Senate    (or  House)    Bill  No ,  entitled    (title  of 

act,  and  if  the  petition  is  against  less  than  the  whole  act  then  set 
forth  here  the  part  or  parts  on  which  the  referendum  is  sought),  passed 

by   the   Legislative   Assembly   of   the    State   of   Oregon, 

at  the  regular    (special)    session  of  said  Legislative  Assembly,  shall  be 

referred  to  the  people  of  the  State   (district  of  '...,-  county 

of ,  or  city  of  ,  as  the  case  may  be), 

for  their  approval  or  rejection,  at  the  regular  (special)  election  to  be  held 

on   the   day   of   ,   A.   D.,   19 ,   and   each   for   himself 

says:   I  have  personally  signed  this  petition;  I  am  a  legal  voter  of  the 

State  of  Oregon,  and  (district  of ,  county  of  , 

city   of   ,   as   the   case   may   be)  ;    my   residence   and   post 

office  are  correctly  written  after  my  name. 

Name   ,   Residence   ,   Post  Office  

(If  in  a  city,   street  and  number.) 
(Here  follow  twenty  numbered  lines  for  signatures.) 

Section  2.  The  following  shall  be  substantially  the  form 
of  petition  for  any  law,  amendment  to  the  constitution  of  the 
State  of  Oregon,  city  ordinance  or  amendment  to  a  city  char- 
ter, proposed  by  the  initiative: 

WARNING 

It  is  a  felony  for  any  one  to  sign  any  initiative  or  referendum 
petition  with  any  name  other  than  his  own,  or  to  knowingly  sign  his 
name  more  than  once  for  the  measure,  or  to  sign  such  petition  when 
he  is  not  a  legal  voter. 

INITIATIVE   PETITION 

To  the  Honorable  : ,  Secretary  of  State  for  the 

State  of  Oregon  (or  to  the  Honorable ,  Clerk,  auditor, 

or  recorder,  as  the  case  may  be,  for  the  city  of )  : 

We,  the  undersigend  citizens  and  legal  voters  of  the  State  of  Oregon 

(and  of  the  district  of ,  county  of... ,  or 

city  of  ,  as  the  case  may  be),  respectfully 

demand  that  the  following  proposed  law  (or  amendment  to  the  con- 
stitution, ordinance,  or  amendment  to  the  city  charter,  as  the  case 
may  be),  shall  be  submitted  to  the  legal  voters  of  the  State  or  Oregon 
(district  of  ,  county  of  ,  or  city  of 


114  STATUTES  RELATING  TO  ELECTIONS. 


,  as  the  case  may  be),  for  their  approval  or  rejection  at  the 

regular    general    election,    or    (regular   or    special    city   election),    to   be 

held  on  the day  of ,  A.  D.  19 ,  and  each  for  himself 

says:    I    have   personally   signed   this   petition;   I    am   a   legal   voter   of 

the  State  of  Oregon    (and  of  the  district  of  ,  county  of 

,  city  of  ,  as  the  case  may  be)  ;  my  resi- 
dence and  post  office  are  correctly  written  after  my  name. 
Name   ,  Residence  ,  Post  Office  

(If  in  a  city,   street  and  number.) 
(Here  follow  twenty  numbered  lines  for  signatures.) 

Every  such  sheet  for  petitioners'  signatures  shall  be  attached 
to  a  full  and  correct  copy  of  the  title  and  text  of  the 
measure  so  proposed  by  the  initiative  petition;  but  such  peti- 
tion may  be  filed  with  the  Secretary  of  State  in  numbered 
sections  for  convenience  in  handling,  and  referendum  peti- 
tions shall  be  attached  to  a  full  and  correct  copy  of  the  measure 
on  which  the  referendum  is  demanded  and  may  be  filed  in 
numbered  sections  in  like  manner.  Not  more  than  twenty 
signatures  on  one  sheet  shall  be  counted.  When  any  such 
initiative  or  referendum  petition  shall  be  offered  for  filing, 
the  Secretary  of  State,  in  the  presence  of  the  Governor  and 
the  person  offering  the  same  for  filing,  shall  detach  the 
sheets  containing  the  signatures  and  affidavits  and  cause 
them  all  to  be  attached  to  one  or  more  printed  conies 
of  the  measure  so  proposed  by  initiative  or  referendum 
petitions;  provided,  all  petitions  for  the  initiative  and 
for  the  referendum  and  sheets  for  signatures  shall  be 
printed  on  pages  seven  inches  in  width  by  ten  inches  in 
length,  with  a  margin  of  one  and  three-fourths  inches  at  the 
top  for  binding;  if  the  aforesaid  sheets  shall  be  too  bulky 
for  convenient  binding  in  one  volume,  they  may  be  bound 
in  two  or  more  volumes,  those  in  each  volume  to  be  attached 
to  a  single  printed  copy  of  such  measure;  the  detached  copies 
of  such  measure  shall  be  delivered  to  the  person  offering  the 
same  for  filing.  If  any  such  measure  shall,  at  the  ensuing 
election,  be  approved  by  the  people,  then  the  copies  thereof 
so  preserved,  with  the  sheets  and  signatures  and  affidavits, 
and  a  certified  copy  of  the  Governor's  proclamation  declaring 
the  same  to  have  been  approved  by  the  people,  shall  be  bound 
together  in  such  form  that  they  may  be  conveniently  identified 
and  preserved.  The  Secretary  of  State  shall  cause  every  such 
measure  so  approved  by  the  people  to  be  printed  with  the 
general  laws  enacted  by  the  next  ensuing  session  of  the  Legis- 
lative Assembly,  with  the  date  of  the  Governor's  proclamation 
declaring  the  same  to  have  been  approved  by  the  people. 
This  act  shall  not  apply  to  the  general  laws  governing  the 
method  of  determining  whether  stock  of  any  kind  shall  be 
permitted  to  run  at  large  in  any  county  or  portion  thereof, 


STATUTES  RELATING  TO  ELECTIONS.  115 


nor  to  the  provisions  of  the  local  option  liquor  laws  providing 
methods  of  determining  whether  the  sale  of  intoxicating  liq- 
uors shall  be  prohibited  in  any  county,  city,  precinct,  ward, 
or  district. 

Section  3.  Each  and  every  sheet  of  every  such  petition 
containing  signatures  shall  be  verified  on  the  back  thereof,  in 
substantially  the  following  form,  by  the  person  who  circulated 
said  sheet  of  said  petition,  by  his  or  her  affidavit  hereon  and 
as  a  part  thereof: 

STATE  OF  OREGON, 

!  ss. 
County  of  j 

I,   ,  being  first   duly   sworn,   say:    (Here   shall 

be  legibly  written  or  typewritten  the  names  of  the  signers  of  the 
sheet),  signed  this  sheet  of  the  foregoing  petition,  and  each  of  them 
signed  his  name  thereto  in  my  presence;  I  believe  that  each  has  stated 
his  name,  post  office  address  and  residence  correctly,  and  that  each 

signer  is  a  legal  voter  of  the  State  of  Oregon  and  county  of ., , 

(or  of  the  city  of ,  as  the  case  may  be) . 

(Signature  and  post  office  address  of  affiant.) 

Subscribed  and  sworn  to  before  me  this  day  of , 

A.  D.,  19 

(Signature  and  title  of  officer  before  whom  oath  is  made,  and  his 
post  office  address.) 

The  forms  herein  given  are  not  mandatory,  and  if  sub- 
stantially followed  in  any  petition  it  shall  be  sufficient — 
disregarding  clerical  and  merely  technical  errors. 

Section  4.  If  the  Secretary  of  State  shall  refuse  to  accept 
and  file  any  petition  for  the  initiative  or  for  the  referendum 
any  citizen  may  apply,  within  ten  days  after  such  refusal,  to 
the  circuit  court  for  a  writ  of  mandamus  to  compel  him  to 
do  so.  If  it  shall  be  decided  by  the  court  that  such  petition 
is  legally  sufficient,  the  Secretary  of  State  shall  then  file  it, 
with  a  certified  copy  of  the  judgment  attached  thereto, 
as  of  the  date  on  which  it  was  originally  offered  for  filing  in 
his  office.  On  a  showing  that  any  petition  filed  is  not  legally 
sufficient,  the  court  may  enjoin  the  Secretary  of  State  and 
all  other  officers  from  certifying  or  printing  on  the  official  bal- 
lot for  the  ensuing  election  the  ballot  title  and  numbers  of  such 
measure.  All  such  suits  shall  be  advanced  on  the  court  docket 
and  heard  and  decided  by  the  court  as  quickly  as  possible. 
Either  party  may  appeal  to  the  supreme  court  within  ten 
days  after  a  decision  is  rendered.  The  circuit  court  of  Marion 
County  shall  have  jurisdiction  in  all  cases  of  measures  to  be 
submitted  to  the  electors  of  the  State  at  large ;  in  cases  of  local 
and  special  measures,  the  circuit  court  of  the  county,  or  one  of 
the  counties  in  which  such  measures  are  to  be  voted  upon, 


116  STATUTES  RELATING  TO  ELECTIONS. 

shall  have  jurisdiction;  in  cases  of  municipal  legislation,  the 
circuit  court  of  the  county  in  which  the  city  concerned  is 
situated  shall  have  jurisdiction. 

Section  5.  When  any  measure  shall  be  filed  with  the  Secre- 
tary of  State  to  be  referred  to  the  people  of  the  State,  or  of 
any  county  or  district  composed  of  one  or  more  counties, 
either  by  the  Legislative  Assembly  or  by  the  referendum 
petition,  and  when  any  measure  shall  be  proposed  by  initiative 
petition,  the  Secretary  of  State  shall  forthwith  transmit  to 
the  Attorney-General  of  the  State  a  copy  thereof,  and  within 
ten  days  thereafter  the  Attorney-General  shall  provide  and 
return  to  the  Secretary  of  State  a  ballot  title  for  said  meas- 
ure. The  ballot  title  may  be  distinct  from  the  legislative 
title  of  the  measure,  and  shall  express,  in  not  exceeding  one 
hundred  words,  the  purpose  of  the  measure.  The  ballot 
title  shall  be  printed  with  the  numbers  of  the  measure,  on 
the  official  ballot.  In  making  such  ballot  title  the  Attorney- 
General  shall,  to  the  best  of  his  ability,  give  a  true  and 
impartial  statement  of  the  purpose  of  the  measure,  and  in 
such  language  that  the  ballot  title  shall  not  be  intentionally 
an  argument,  or  likely  to  create  prejudice,  either  for  or  against 
the  measure.  Any  person  who  is  dissatisfied  with  the  ballot 
title  provided  by  the  Attorney-General  for  any  measure  may 
appeal  from  his  decision  to  the  circuit  court,  as  provided  by 
section  4  of  this  act,  by  petition,  praying  for  a  different  title 
and  setting  forth  the  reasons  why  the  title  prepared  by  the 
Attorney-General  is  insufficient  or  unfair.  No  appeal  shall 
be  allowed  from  the  decision  of  the  Attorney-General  on  a 
ballot  title,  unless  the  same  is  taken  within  ten  days  after 
said  decision  is  filed.  A  copy  of  every  such  decision  shall 
be  served  by  the  Secretary  of  State  or  the  clerk  of  the  court, 
upon  the  person  offering  or  filing  such  initiative  or  referendum 
petition  or  appeal.  Service  of  such  decision  may  be  by  mail  or 
telegraph,  and  shall  be  made  forthwith.  Said  circuit  court  shall 
thereupon  examine  said  measure,  hear  arguments,  and  in  its 
decision  thereon  certify  to  the  Secretary  of  State  a  ballot 
title  for  the  measure  in  accord  with  the  intent  of  this  section. 
The  decision  of  the  circuit  court  shall  be  final.  The  Secre- 
tary of  State  shall  print  on  the  official  ballot  the  title  thus 
certified  to  him. 

Section  6.  The  Secretary  of  State,  at  the  time  he  furnishes 
to  the  county  clerks  of  the  several  counties  certified  copies  of 
the  names  of  the  candidates  for  state  and  district  offices, 
shall  furnish  to  each  of  said  county  clerks  his  certified  copy  of 
the  ballot  titles  and  numbers  of  the  several  measures  to  be 
voted  upon  at  the  ensuing  general  election,  and  he  shall  use  for 
each  measure  the  ballot  title  designated  in  the  manner  herein 


STATUTES  RELATING  TO  ELECTIONS.  117 


provided.  Such  ballot  title  shall  in  no  case  exceed  one  hun- 
dred words,  and  shall  not  resemble,  so  far  as  to  probably 
create  confusion,  any  such  title  previously  filed  for  any 
measure  to  be  submitted  at  that  election;  he  shall  number 
such  measures  and  such  ballot  titles  shall  be  printed  on  the 
official  ballot  in  the  order  in  which  the  acts  referred  by  the 
Legislative  Assembly  and  petitions  by  the  people  shall  be  filed 
in  his  office.  The  affirmative  of  the  first  measure  shall  be 
numbered  300  and  the  negative  301  in  numerals,  and  the 
succeeding  measures  shall  be  numbered  consecutively  302, 
303,  304,  305,  and  so  on,  at  each  election.  It  shall  be  the 
duty  of  the  several  county  clerks  to  print  said  ballot  titles 
and  numbers  upon  the  official  ballot  in  the  order  presented 
to  them  by  the  Secretary  of  State  and  the  relative  position 
required  by  law.  Measures  referred  by  the  Legislative  Assem- 
bly shall  be  designated  by  the  heading  "Referred  to  the  People 
by  the  Legislative  Assembly";  measures  referred  by  petition 
shall  be  designated  "Referendum  ordered  by  Petition  of  the 
Peor>le";  measures  proposed  by  initiative  petition  shall  be 
designated  and  distinguished  on  the  ballot  by  the  heading 
"Proposed  by  Initiative  Petition." 

Section  7.  The  manner  of  voting  upon  measures  submitted 
to  the  people  shall  be  the  same  as  is  now  or  may  be  required 
and  provided  by  law;  no  measure  shall  be  adopted  unless  it 
shall  receive  an  affirmative  majority  of  the  total  number  of 
respective  votes  cast  on  such  measure  and  entitled  to  be 
counted  under  the  provisions  of  this  act;  that  is  to  say, 
supposing  seventy  thousand  ballots  to  be  properly  marked 
on  any  measure,  it  shall  not  be  adopted  unless  it  shall  receive 
more  than  thirty-five  thousand  affirmative  votes.  If  two  or 
more  conflicting  laws  shall  be  approved  by  the  people  at  the 
same  election,  the  law  receiving  the  greatest  number  of 
affirmative  votes  shall  be  paramount  in  all  particulars  as  to 
which  there  is  a  conflict,  even  though  such  law  may  not  have 
received  the  greatest  majority  of  affirmative  votes.  If  two 
or  more  conflicting  amendments  to  the  constitution  shall  be 
approved  by  the  people  at  the  same  election,  the  amendment 
which  receives  the  greatest  number  of  affirmative  votes  shall 
be  paramount  in  all  particulars  as  to  which  there  is  conflict, 
even  though  such  amendment  may  not  have  received  the 
greatest  majority  of  affirmative  votes. 

Section  8.  Not  later  than  the  first  Monday  of  the  third 
month  next  before  any  regular  general  election,  nor  later 
than  thirty  days  before  any  special  election,  at  which  any 
proposed  law,  part  of  an  act,  or  amendment  to  the  constitu- 
tion is  to  be  submitted  to  the  people,  the  Secretary  of  State 
shall  cause  to  be  printed  in  pamphlet  form  a  true  copy  of  the 


118  STATUTES  RELATING  TO  ELECTIONS. 


title  and  text  of  each  measure  to  be  submitted,  with  the  num- 
ber and  form  in  which  the  ballot  title  thereof  will  be  printed 
on  the  official  ballot.  The  person,  committee,  or  duly  author- 
ized officer?  of  any  organization  filing  any  petition  for  the 
initiative,  but  no  other  person  or  organization,  shall  have  the 
right  to  file  with  the  Secretary  of  State  for  printing  and 
distribution  any  argument  advocating  such  measure;  said 
argument  shall  be  filed  not  later  than  the  first  Monday  of  the 
fourth  month  before  the  regular  election  at  which  the 
measure  is  to  be  voted  upon.  Any  person,  committee, 
or  organization  may  file  with  the  Secretary  of  State,  for 
printing  and  distribution,  any  arguments  they  may  desire, 
opposing  any  measure,  not  later  than  the  fourth  Monday  of 
the  fourth  month  immediately  preceding  such  election.  Argu- 
ments advocating  or  opposing  any  measures  referred  to  the 
people  by  the  Legislative  Assembly,  or  by  referendum  petition, 
at  a  regular  general  election,  shall  be  governed  by  the  same 
rules  as  to  time,  but  may  be  filed  with  the  Secretary  of  State 
by  any  person,  committee,  or  organization;  in  the  case  of 
measures  submitted  at  a  special  election,  all  arguments  in 
support  of  such  measure  at  least  sixty  days  before  such 
election.  But  in  every  case  the  person  or  persons  offering 
such  arguments  for  printing  and  distribution  shall  pay  to 
the  Secretary  of  State  sufficient  money  to  pay  all  the 
expenses  for  paper  and  printing  to  supply  one  copy  with 
every  copy  of  the  measure  to  be  printed  by  the  State:  and  he 
shall  forthwith  notify  the  persons  offering  the  same  of  the 
amount  of  money  necessary.  The  Secretary  of  State  shall 
cause  one  copy  of  each  of  said  arguments  to  be  bound  in  the 
pamphlet  copy  of  the  measures  to  be  submitted  as  herein 
provided,  and  all  such  measures  and  arguments  to  be 
submitted  at  one  election  shall  be  bound  together  in  a 
single  pamphlet.  All  the  printing  shall  be  done  by  the 
State,  and  the  pages  of  said  pamphlet  shall  be  numbered 
consecutively  from  one  to  the  end.  The  pages  of  said  pamph- 
let shall  be  six  by  nine  inches  in  size,  and  the  printed  matter 
thereon  shall  be  set  in  eight  point  Roman-  faced  type,  single 
leaded,  and  twenty-five  ems  in  width,  with  appropriate  heads 
and  printed  on  sized  and  super  calendered  paper  twenty-five 
by  thirty-eight  inches,  weighing  fifty  pounds  to  the  ream. 
The  title  page  of  every  measure  bound  in  said  pamphlet  shall 
show  its  ballot  title  and  ballot  numbers.  The  title  page 
of  each  argument  shall  show  the  measure  or  measures  it 
favors  or  opposes  and  by  what  persons  or  organization  it  is 
issued.  When  such  arguments  are  printed  he  shall  pay  the 
State  Printer  therefor  from  the  money  deposited  with  him 
and  refund  the  surplus,  if  any,  to  the  parties  who  paid  it  to 
him.  The  cost  of  printing,  binding,  and  distributing  the 


STATUTES  RELATING  TO  ELECTIONS.  119 


measures  proposed  and  of  binding  and  distributing  the 
arguments,  shall  be  paid  by  the  State  as  a  part  of  the  state 
printing,  it  being  intended  that  only  the  cost  of  paper  and 
printing  the  arguments  shall  be  paid  by  the  parties  presenting 
the  same,  and  they  shall  not  be  charged  any  higher  rate  for 
such  work  than  is  paid  by  the  State  for  similar  work  and 
paper.  Not  later  than  the  fifty-fifth  day  before  the  regular 
general  election  at  which  such  measures  are  to  be  voted  upon, 
the  Secretary  of  State  shall  transmit  by  mail,  with  postage 
fully  prepaid,  to  every  voter  in  the  State  whose  address  he 
may  have,  one  copy  of  such  pamphlet;  provided,  that  if  the 
Secretary  shall,  at  or  about  the  same  time  be  mailing  any 
other  pamphlet  to  every  voter,  he  may,  if  practicable,  bind 
the  matter  herein  provided  for  in  the  first  part  of  said  pam- 
phlet, numbering  the  pages  of  the  entire  pamphlet  con- 
secutively from  one  to  the  end,  or  he  may  enclose  the 
pamphlets  under  one  cover.  In  the  case  of  a  special  election 
he  shall  mail  said  pamphlet  to  every  voter  not  less  than  twenty 
days  before  said  special  election. 

Section  9.  The  votes  on  measures  and  questions  shall  be 
counted,  canvassed,  and  returned  by  the  regular  boards  of 
judges,  clerks  and  officers,  as  votes  for  candidates  are  counted, 
canvassed  and  returned,  and  the  abstract  made  by  the 
several  county  clerks  of  votes  on  measures  shall  be  returned 
to  the  Secretary  of  State  on  separate  abstract  sheets,  in  the 
manner  provided  by  section  2833  of  Bellinger  and  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon,  for  abstracts  of 
votes  for  state  and  county  officers.  It  shall  be  the  duty  of  the 
Secretary  of  State,  in  the  presence  of  the  Governor,  to  proceed 
within  thirty  days  after  the  election,  and  sooner  if  the  returns 
be  all  received,  to  canvass  the  votes  given  for  each  measure; 
and  the  Governor  shall  forthwith  issue  his  proclamation, 
giving  the  whole  number  of  votes  cast  in  the  State  for  and 
against  each  measure  and  question,  and  declaring  such  meas- 
ures as  are  approved  by  majority  of  those  voting  thereon  to 
be  in  full  force  and  effect  as  the  law  of  the  State  of  Oregon 
from  the  date  of  said  proclamation;  provided,  that  if  two  or 
more  measures  shall  be  approved  at  said  election  which  are 
known  to  conflict  with  each  other  or  to  contain  conflicting: 
provisions  he  shall  also  proclaim  which  is  paramount  in  accord- 
ance with  the  provisions  of  section  7  of  this  act. 

Section  10.  In  all  cities  and  towns  which  have  not  or 
may  not  provide  by  ordinance  or  charter  for  the  manner  of 
exercising  the  initiative  and  referendum  powers  reserved  by 
the  constitution  to  the  people  thereof,  as  to  their  municipal 
legislation,  the  duties  required  of  the  Secretary  of  State  by 
this  act,  as  to  state  legislation,  shall  be  performed  as  to  such 


120  STATUTES  RELATING  TO  ELECTIONS. 

municipal  legislation  by  the  city  auditor,  clerk  or  recorder,  as 
the  case  may  be;  the  duties  required  of  the  Governor  shall  be 
performed  by  the  mayor  as  to  such  municipal  legislation, 
and  the  duties  required  by  this  act  of  the  Attorney-General 
shall  be  performed  by  the  city  attorney  as  to  such  municipal 
legislation.  The  provisions  of  this  act  shall  apply  in  every 
city  and  town  in  all  matters  concerning  the  operation  of 
the  initiative  and  referendum  in  its  municipal  legislation  on 
which  such  city  or  town  has  not  made  or  does  not  make 
conflicting  provisions.  The  printing  and  binding  of  measures 
and  arguments  in  municipal  legislation  shall  be  paid  for  by 
the  city  in  like  manner  as  payment  is  provided  for 
by  the  State  as  to  State  legislation  by  section  8  of  this 
act,  and  said  printing  shall  be  done  in  the  same  man- 
ner that  other  municipal  printing  is  done;  distribution 
of  said  pamphlets  shall  be  made  to  every  voter  in  the  city, 
so  far  as  possible,  by  the  city  clerk,  auditor,  or  recorder,  as 
the  case  may  be,  either  by  mail  or  carrier,  not  less  than 
eight  days  before  the  election  at  which  the  measures  are  to 
be  voted  upon.  Arguments  supporting  municipal  measures 
shall  be  filed  with  the  city  clerk,  auditor,  or  recorder,  not  less 
than  thirty  days  before  the  election  at  which  they  are  to  be 
voted  upon;  opposing  arguments  shall  be  filed  not  less  than 
twenty  days  before  said  election.  It  is  intended  to  make 
procedure  in  municipal  legislation  as  nearly  as  practicable  the 
same  as  the  initiative  and  referendum  procedure  for  measures 
relating  to  the  people  of  the  State  at  large. 

Section  11.  Referendum  petitions  against  any  ordinance, 
franchise,  or  resolution  passed  by  a  city  council  shall  be 
signed  by  not  less  than  ten  per  cent  of  the  voters  of  said 
city,  and  said  signatures  shall  be  vereified  in  the  manner 
herein  provided ;  the  petition  shall  be  filed  with  the  city  clerk, 
auditor,  or  recorder,  as  the  case  may  be,  within  thirty  days 
after  the  passage  of  such  ordinance,  resolutions  or  franchise. 
No  city  ordinance,  resolution,  or  franchise  shall  take  effect 
and  become  operative  until  thirty  days  after  its  passage  by 
the  council  and  approved  by  the  mayor,  unless  the  same  shall 
be  passed  over  his  veto,  and  in  that  case  it  shall  not  take 
effect  and  become  operative  until  thirty  days  after  such  final 
passaee,  except  measures  necessary  for  the  immediate  pre- 
servation of  the  peace,  health  or  safety  of  the  city ;  and  no 
such  emergency  measure  shall  become  immediately  operative 
unless  it  shall  state  in  a  separate  section  the  reasons  why  it  is 
necessary  that  it  should  become  immediately  operative,  and 
shall  be  approved  by  the  affirmative  vote  of  three-fourths  of 
all  the  members  elected  to  the  city  council,  taken  by  ayes  and 
noes,  and  also  approved  by  the  mayor. 


STATUTES  RELATING  TO  ELECTIONS.  121 


Section  12.  If  any  ordinance,  charter  or  amendment  to  the 
charter  of  any  city  shall  be  proposed  by  initiative  petition, 
said  petition  shall  be  filed  with  the  city  clerk,  auditor,  or 
recorder,  as  the  case  may  be,  and  he  shall  transmit  it  to  the 
next  session  of  the  city  council.  The  council  shall  either 
ordain  or  reject  the  same,  as  proposed,  within  thirty  days 
thereafter,  and  if  the  council  shall  reject  said  proposed  ordi- 
nance or  amendment,  or  shall  take  no  action  thereon,  then  the 
city  clerk,  auditor  or  recorder,  as  the  case  may  be,  shall  submit 
the  same  to  the  voters  of  the  city  or  town  at  the  next  ensuing 
election  held  therein  not  less  than  ninety  days  after  the  same 
was  first  presented  to  the  city  council.  The  council  may  ordain 
said  ordinance  or  amendment  and  refer  it  to  the  people, 
or  it  may  ordain  such  ordinance  without  referring  it  to  the 
people,  and  in  that  case  it  shall  be  subject  to  referendum 
petition  in  like  manner  as  other  ordinances;  if  the  council 
shall  reject  said  ordinance  or  amendment,  or  take  no  action 
thereon,  it  may  ordain  a  competing  ordinance  or  amendment, 
which  shall  be  submitted  by  the  city  clerk,  auditor  or  recorder, 
as  the  case  may  be,  to  the  people  of  the  said  city  or  town,  at 
the  same  election  at  which  said  initiative  proposal  is  sub- 
mitted. Such  competing  ordinance  or  amendment,  if  any, 
shall  be  prepared  by  the  council  and  ordained  within  thirty 
days  allowed  for  its  action  on  the  measure  proposed  by  initia- 
tive petition.  The  mayor  shall  not  have  power  to  veto  either 
of  such  measures.  If  conflicting  ordinances  or  charter 
amendments  shall  be  submitted  to  the  people  at  the  same  elec- 
tion, and  two  or  more  of  such  conflicting  measures  shall  be 
approved  by  the  people,  then  the  measure  which  shall  have 
received  the  greatest  number  of  affirmative  votes  shall  be 
paramount  in  all  particulars  as  to  which  there  is  conflict, 
even  though  such  measure  may  not  have  received  the  greatest 
majority.  Amendments  to  any  city  charter  may  be  proposed 
and  submitted  to  the  people  by  the  city  council,  with  or  without 
an  initiative  petition,  but  the  same  shall  be  filed  with  the 
city  clerk  for  submission  not  less  than  sixty  days  before  the 
election  at  which  they  are  to  be  voted  upon,  and  no  amendment 
of  a  city  charter  shall  be  effective  until  it  is  approved  by  a 
majority  of  the  votes  cast  thereon  by  the  people  of  the  city 
or  town  to  which  it  applies.  The  city  council  may  by  ordinance 
order  special  elections  to  vote  on  municipal  measures. 

Section  13.  Every  person  who  is  a  qualified  elector  of 
the  State  of  Oregon  may  sign  a  petition  for  the  referendum 
or  for  the  initiative  for  any  measure  which  he  is  legally  entitled 
to  vote  upon.  Any  person  signing  any  name  other  than  his 
own  to  any  petition,  or  knowingly  signing  his  name  more  than 
once  for  the  same  measure  at  one  election,  or  who  is  not  at 


122  STATUTES  RELATING  TO  ELECTIONS. 


the  time  of  signing  the  same  a  legal  voter  of  this  State,  or 
any  officer  or  person  wilfully  violating  any  provision  of  this 
statute,  shall,  upon  conviction  thereof,  be  punished  by  a  fine 
not  exceeding  $500,  or  by  imprisonment  in  the  penitentiary 
not  exceeding  two  years,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court  before  which  such 
conviction  shall  be  had. 

Section  14.  That  an  act  entitled  "An  act  making  effective 
the  initiative  and  referendum  provisions  of  section  1  of  article 
IV  of  the  constitution  of  the  State  of  Oregon,  and  regulating 
elections  thereunder,  and  providing  penalties  for  violations 
of  the  provisions  of  this  act,"  approved  February  24,  1908, 
Laws  of  Oregon,  regular  session,  page  244,  be  and  the  same 
is  hereby  repealed. 

Section  15.  Whereas,  there  is  no  law  to  carry  into  effect 
the  provisions  of  section  1,  article  IV  of  the  constitution  of 
Oregon,  as  to  local,  special,  and  municipal  legislation,  and  of 
section  2  of  article  XI  of  the  constitution,  and  because  ques- 
tion has  been  raised  as  to  the  power  of  cities  to  amend  their 
charters  without  an  enabling  act,  and  because  the  act  herein 
repealed  is  not  effective,  therefore  it  is  the  judgment  of  this 
Legislative  Assembly  that  an  emergency  exists,  and  that  it 
is  necessary  for  the  public  safety  that  this  law  shall  become 
operative  upon  its  approval  by  the  Governor;  therefore,  this 
act  shall  take  effect  and  be  in  force  immediately  unon  its 
approval  by  the  Governor. 

Filed  in  the  office  of  the  Secretary  of  State  February  25,  1907. 


STATUTES  RELATING  TO  ELECTIONS.  123 


[HTTNTLEY   BILL.J 


(Chapter  3,  Laws 

AN  ACT 

To  limit  candidates'  election  expenses;  to  define,  prevent  and  punish 
corrupt  and  illegal  practices  in  nominations  and  elections;  to  secure 
and  protect  the  purity  of  the  ballot;  to  amend  section  2775  of 
Bellinger  and  Cotton's  annotated  codes  and  statutes  of  Oregon;  to 
provide  for  furnishing  information  to  the  electors  and  to  provide 
the  manner  of  conducting  contests  for  nominations  and  elections  in 
certain  cases. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  No  sums  of  money  shall  be  paid,  and  no  ex- 
penses authorized  or  incurred  by  or  on  behalf  of  any  candi- 
date to  be  paid  by  him,  except  such  as  he  may  pay  to  the 
state  for  printing,  as  herein  provided,  in  his  campaign  for 
nomination  to  any  public  office  or  position  in  this  state,  in 
excess  of  fifteen  per  cent  of  one  year's  compensation  or  salary 
of  the  office  for  which  he  is  a  candidate;  provided,  that  no 
candidate  shall  be  restricted  to  less  than  one  hundred  dollars 
in  his  campaign  for  such  nomination.  No  sums  of  money 
shall  be  paid,  and  no  expenses  authorized  or  incurred  con- 
trary to  the  provisions  of  this  act  for  or  on  behalf  of  any 
candidate  for  nomination.  For  the  purposes  of  this  law  the 
contribution,  expenditure,  or  liability  of  a  descendant,  ascen- 
dant, brother,  sister,  uncle,  aunt,  nephew,  niece,  wife,  partner, 
employer,  employee,  or  fellow  official  or  fellow  employee  of  a 
corporation  shall  be  deemed  to  be  that  of  the  candidate  him- 
self. 

Section  2.  Any  candidate,  and  unless  he  notifies  the  Secre- 
tary of  State  that  he  refuses  them  permission,  the  friends  of 
any  candidate  for  nomination  to  any  state  or  district  office, 
when  the  district  is  composed  of  one  or  more  counties,  may  file 
with  the  Secretary  of  State,  for  publication  as  herein  provided, 
not  later  than  the  thirty-third  day  before  the  biennial  pri- 
mary nominating  election,  with  his  portrait  cut  if  he  wishes, 
a  printed  or  typewritten  statement  or  statements,  on  the  con- 
ditions hereinafter  set  forth,  over  his  or  their  signatures, 
stating  the  reasons  why  he  should  be  nominated;  provided, 
that  no  candidate,  nor  his  friends,  shall  be  allowed  to  file  any 
such  statements,  unless  his  petition  for  nomination  is  duly 
filed  with  the  Secretary  of  State,  not  later  than  the  forty-first 
day  before  said  nominating  election.  Any  person  or  persons 
opposing  the  nomination  of  any  such  candidate  may,  not  later 


124  STATUTES  RELATING  TO  ELECTIONS. 


than  the  thirty-ninth  day,  before  said  nominating  elec- 
tion, file  with  the  Secretary  of  State  their  printed 
or  typewritten  statements  over  their  signatures,  of  the 
reasons  why  such  candidate  should  not  be  nominated, 
but  every  such  statement  shall  be  accompanied  by 
proof,  by  affidavit  or  sheriff's  return,  that  they  have 
caused  to  be  served  personally  and  in  person,  upon 
such  candidate  a  true  copy  of  such  statement.  Each  candi- 
date shall  be  allowed  one  page  of  printed  matter  and  those 
opposing  him  shall  each  be  allowed  one  page  of  space  on 
equal  terms  with  him  as  hereinafter  provided.  Nothing  in 
this  law  shall  be  deemed  to  make  any  such  statement  or  the 
authors  thereof  free  or  exempt  from  any  civil  or  criminal 
action  or  penalty,  because  of  any  false,  slanderous  or  libelous 
statements  offered  for  printing  or  contained  in  said  pamphlet. 
The  person  or  persons  procuring,  making,  composing  or  of- 
fering such  statement  for  filing,  shall  be  deemed  the  authors 
and  publishers  thereof. 

Section  3.  Candidates  for  nomination  shall  pay  for  one 
page  of  space  in  the  publication  herein  provided  for  as  fol- 
lows: For  the  office  of  United  States  Senator  in  Congress, 
one  .  hundred  dollars ;  for  Representative  in  Congress,  one 
hundred  dollars;  for  Justice  of  the  Supreme  Court,  seventy- 
five  dollars;  for  Governor,  one  hundred  dollars;  for  Secre- 
tary of  State,  one  hundred  dollars;  for  State  Treasurer,  one 
hundred  dollars;  for  State  Printer,  one  hundred  dollars;  for 
State  Superintendent  of  Public  Instruction  and  Attorney- 
General,  each  seventy-five  dollars ;  for  Commissioner  of  Labor 
Statistics  and  Inspector  of  Factories  and  Work  Shops,  fifty 
dollars;  for  Senator  or  Representative  in  the  Legislative  As- 
sembly, ten  dollars;  for  Circuit  Judge  and  District  Attorney, 
fifty  dollars  each;  for  candidates  for  any  other  office  for  a 
district  consisting  of  one  or  more  counties,  or  state  office, 
twenty-five  dollars.  Any  candidate  may  have  additional  space 
at  the  rate  of  one  hundred  dollars  per  page,  but  no  payment 
shall  be  received  for  less  than  a  full  page;  provided,  that  not 
more  than  three  additional  pages  shall  be  allowed  to  any  one 
candidate.  All  payments  required  by  this  section  shall  be 
made  to  the  Secretary  of  State  when  the  statement  is  offered 
to  him  for  filing,  and  be  by  him  paid  into  the  general  fund  in 
the  state  treasury. 

Section  4.  Not  later  than  the  thirtieth  day  before  the  pri- 
mary nominating  election,  the  Secretary  of  State  shall  hand 
to  the  State  Printer  all  of  such  statements  and  portrait  cuts, 
properly  compiled,  edited,  prepared  and  indexed  for  printing; 
it  shall  be  the  State  Printer's  duty  to  print  and  bind  the  same 
in  pamphlet  form,  printing  the  pictures  of  candidates  with 


STATUTES  RELATING  TO  ELECTIONS.  125 

and  as  a  part  of  their  several  statements,  where  such  portrait 
cuts  are  offered ;  statements  of  those  who  directly  oppose  any 
candidate  shall  follow  next  after  his  statement.  All  of  the 
statements  filed  for  and  against  all  the  candidates  for  nomi- 
nation to  each  office  shall  be  printed  in  the  order  in  which 
candidates'  names  are  grouped  under  the  title  to  their  offices 
on  the  official  ballot  at  the  nominating  election.  In  preparing 
said  pamphlets  for  printing,  the  Secretary  of  State  shall  com- 
pile the  copy  for  the  same  in  such  form  as  to  make  it  most 
convenient  for  the  State  Printer  to  print  and  bind  under  one 
cover,  separately  for  each  political  party,  the  statements  only 
of  candidates  to  be  voted  for  by  members  of  that  party  for 
nomination  in  the  same  electoral  district  or  division;  that  is 
to  say,  the  statements  and  arguments  of  all  candidates  seek- 
ing republican  votes  in  Multnomah  county  for  nomination  by 
the  republican  party  to  state  and  district  offices,  for  a  district 
comprising  one  county  or  more,  shall  be  printed  and  bound 
under  one  cover,  and  the  same  with  the  democratic  and  any 
other  party  required  to  nominate  its  candidates  at  said  nomi- 
nating election.  The  same  method  shall  be  applied  in  printing 
the  pamphlets  for  all  other  counties  and  districts,  but  no  pic- 
ture, statement  or  argument  for  or  against  any  candidate  for 
nomination  shall  be  included  in  the  copy  of  said  pamphlet 
going  to  any  county  where  such  candidate  is  not  to  be  voted 
for.  The  State  Printer  shall  begin  the  delivery  of  said  pamph- 
lets to  the  Secretary  of  State  as  quickly  as  possible,  and  not 
later  than  the  twentieth  day  before  the  nominating  election, 
and  complete  the  same  not  later  than  the  fifteenth  day  before 
said  nominating  election,  printing  and  delivering  first  so  far 
as  practicable,  the  pamphlets  for  the  counties  in  the  order  of 
their  distance  from  the  state  capital.  At  the  time  of  deliver- 
ing the  copy  to  the  State  Printer,  the  Secretary  of  State  shall 
order  the  number  of  copies  he  estimates  will  be  necessary  for 
each  county. 

Section  5 .  The  several  county  clerks  shall  obtain  the  post- 
office  address  of  each  voter  who  registers  and  on  the  seven- 
teenth day  preceding  the  nominating  election  said  county 
clerks  shall  mail  to  the  Secretary  of  State  the  name,  postoffice 
address,  and  party  registration  of  every  voter  registered  at 
that  time  in  their  respective  counties;  immediately  on  the 
close  of  registration  for  such  nominating  election,  and  again 
at  the  close  of  registration  for  the  general  election,  they  shall 
deliver  to  the  Secretary  of  State  the  postoffice  address  and 
party  registration  of  every  voter  who  registers  during  the 
said  interval.  At  least  eight  days  before  the  regular  biennial 
primary  nominating  election,  the  Secretary  of  State  shall  for- 
ward by  mail  to  every  voter  who  is  registered  as  a  member 


126  STATUTES  RELATING  TO  ELECTIONS. 


of  one  of  the  several  political  parties  required  to  nominate 
their  candidate  at  such  nominating  election,  a  copy  of  the 
pamphlet  of  his  political  party,  containing  the  names  and 
statements  herein  provided  for.  The  pages  of  the  pamphlets 
required  by  this  act  shall  be  six  by  nine  inches  in  size,  and 
the  printed  matter  therein  shall  be  set  in  eight  point  Roman 
faced  type,  single  leaded,  and  twenty-five  ems  pica  in  width, 
with  proper  heads.  In  the  foot  margin  of  every  page  of  the 
party  pamphlets  for  nominating  election  shall  be  shown  the 
authority  for  the  information  therein,  as  'This  information 
furnished  by  (name  of  candidate  or  name  of  his  friends  or  op- 
ponents)/' as  the  case  may  be.  In  the  foot  margin  of  every 
page  of  the  pamphlet  herein  provided  for  the  general  election 
shall  be  shown  the  authority  for  the  statements  thereof,  as 
"This  information  furnished  by  (title  of  committee  or  man- 
aging agent  of  the  political  party  or  name  of  the  independent 
candidate),"  as  the  case  may  be. 

Section  6.  Not  later  than  the  thirtieth  day  before  the  regu- 
lar biennial  general  election  the  state  executive  committee  or 
managing  officers  of  any  political  party  or  organization  hav- 
ing nominated  candidates,  but  no  others  except  independent 
candidates,  may  file  with  the  Secretary  of  State  portrait  cuts 
of  its  candidates  and  typewritten  statements  and  arguments 
for  the  success  of  its  principles  and  the  election  of  its  candi- 
dates, and  opposing  or  attacking  the  principles  and  candidates 
of  all  other  parties.  Not  later  than  the  twenty-eighth  day 
before  said  general  election  the  Secretary  of  State  shall  de- 
liver to  the  State  Printer  properly  compiled  and  prepared  for 
printing,  the  said  portrait  cuts,  statements  and  arguments, 
with  an  order  for  the  number  of  pamphlet  copies  of  the  same 
necessary  to  supply  one,  at  least,  complete  as  to  the  candi- 
dates to  be  voted  for  in  any  county  for  which  the  same  may 
be  designed,  for  every  registered  voter  within  the  State  of 
Oregon.  The  State  Printer  shall  begin  delivering  said  pamph- 
lets to  the  Secretary  of  State  as  soon  as  possible,  and  shall 
complete  the  same  within  twelve  days.  The  Secretary  of  State 
shall  begin  mailing  the  pamphlets  to  the  voters  of  the  state 
as  soon  as  they  are  delivered  to  him,  and  shall  complete  the 
mailing  on  or  before  the  tenth  day  before  said  general  election. 

Section  7.  All  the  portrait  cuts,  statements  and  arguments 
of  all  the  political  parties  and  independent  candidates  shall 
be  bound  together  in  one  pamphlet,  and  no  party  shall  have 
more  than  twenty-four  pages,  nor  an  independent  candidate 
more  than  two  pages  therein.  The  political  parties  and  in- 
dependents shall  pay  to  the  Secretary  of  State  for  the  public 
treasury  for  said  pamphlet  at  the  time  of  filing  their  copy 
with  him,  at  the  rate  of  fifty  dollars  for  each  printed  page  of 


STATUTES  RELATING  TO  ELECTIONS.  127 


space  in  said  pamphlet  used  by  such  party  or  independent 
candidate.  The  provisions  of  the  preceding  sections  requir- 
ing estimates  of  the  number  of  pamphlets  for  each  county, 
limitations  on  the  candidates'  names,  statements  and  pictures 
to  be  included  in  the  pamphlets  going  to  each  county,  and  the 
manner  of  distribution,  shall  apply  in  like  manner  to  the 
pamphlets  herein  provided  for  the  general  election. 

Section  8.  No  sums  of  money  shall  be  paid  and  no  expenses 
authorized  or  incurred  by  or  on  behalf  of  any  candidate  who 
has  received  the  nomination  to  any  public  office  or  position 
in  this  state,  except  such  as  he  may  contribute  towards  pay- 
ment for  his  political  party's  or  independent  statement  in  the 
pamphlet  herein  provided  for,  to  be  paid  by  him  in  his  cam- 
paign for  election,  in  excess  of  ten  per  cent  of  one  year's  salary 
or  compensation  of  the  office  for  which  he  is  nominated ;  pro- 
vided, that  no  candidate  shall  be  restricted  to  less  than  one 
hundred  dollars.  No  sum  of  money  shall  be  paid  and  no  ex- 
penses authorized  or  incurred  by  or  on  behalf  of  any  political 
party  or  organization  to  promote  the  success  of  the  principles 
or  candidates  of  such  party  or  organization,  contrary  to  the 
provisions  of  this  act.  For  the  purposes  of  this  act  the  con- 
tribution, expenditure  or  liability  of  a  descendant,  ascendant, 
brother,  sister,  uncle,  aunt,  nephew,  niece,  wife,  partner,  em- 
ployer, employee  or  fellow  official  or  fellow  employee  of  a  cor- 
poration shall  be  deemed  to  be  that  of  the  candidate  himself. 

Section  9.  In  cities  of  more  than  ten  thousand  population, 
any  candidate  for  nomination  or  election  to  any  elective  mu- 
nicipal office  may  file  with  the  City  Clerk,  Auditor  or  Recor- 
der, not  later  than  the  fifteenth  day  before  the  municipal  pri- 
mary nominating  election,  a  statement  of  the  reasons  why  he 
should  be  nominated  and  elected,  and  portrait  cut  if  he  de- 
sires, on  the  conditions  hereinafter  set  forth.  Such  candidate 
shall  pay  for  the  services  herein  provided  at  the  rate  of  twen- 
ty dollars  for  each  printed  page  of  space;  no  payment  shall 
be  received  for  less  than  a  full  page.  All  payments  made  under 
this  section  shall  be  made  to  the  City  Clerk,  Auditor  or  Recor- 
der at  the  time  the  statement  is  offered  to  him  for  filing,  and 
shall  be  by  him  paid  into  the  general  fund  in  the  ctiy  treasury. 
The  City  Clerk,  Auditor  or  Recorder  shall  properly  compile, 
edit,  prepare  and  index  said  statements  and  arguments  for 
printing,  and  if  there  shall  be  any  municipal  measures  to  be 
voted  upon  at  the  ensuing  municipal  election  he  may  bind  in 
with  said  pamphlet  a  copy  of  each  and  of  the  arguments  sub- 
mitted thereon  in  like  manner  as  the  Secretary  of  State  is 
required  to  do  in  state  elections,  and  shall  cause  the  same  to 
be  printed  in  the  same  manner  that  other  city  printing  is  done, 
and  have  them  all  bound  under  one  cover;  and  he  shall,  at 


128  STATUTES  RELATING  TO  ELECTIONS. 


least  eight  days  before  the  regular  nominating  election,  for-' 
ward  a  copy  of  said  pamphlet  with  postage  fully  prepaid,  to 
each  voter  in  the  city  whose  postoffice  address  he  may  have 
or  can  obtain  from  the  city  directory,  registration  books  or 
otherwise.  The  provisions  of  this  section  shall  not  apply  to 
cities  of  less  than  ten  thousand  inhabitants,  as  shown  by  the 
census  next  preceding  such  municipal  election.  The  provi- 
sions of  the  preceding  sections  for  statements  opposing  can- 
didates shall  apply  also  to  municipal  elections,  under  this  sec- 
tion, subject  to  the  same  rules  of  filing,  payments,  ets.,  re 
quired  of  candidates'  statements  by  this  section. 

Section  10.  Terms  used  in  this  act  shall  be  construed  as 
follows,  unless  other  meaning  is  clearly  apparent  from  the 
language  or  context,  or  unless  such  construction  is  inconsist- 
ent with  the  manifest  intent  of  the  law : 

"Persons"  shall  apply  to  any  individual,  male  or  female, 
and,  where  consistent  with  collective  capacity,  to  any  com- 
mittee, firm,  partnership,  club,  organization,  association,  cor- 
poration, or  other  combination  of  individuals. 

"Candidate"  shall  apply  to  any  person  whose  name  is  printed 
on  an  official  ballot  for  public  office,  or  whose  name  is  ex- 
pected to  be  or  has  been  presented  for  public  office,  with  his 
consent,  for  nomination  or  election. 

"Political  agent"  shall  apply  to  any  person  who,  upon  re- 
quest or  under  agreement,  receives  or  disburses  money  in  be- 
half of  a  candidate. 

"Political  committee"  shall  apply  to  every  combination  of 
two  or  more  persons  who  shall  aid  or  promote  the  success 
or  defeat  of  a  candidate,  or  a  political  party  or  principle,  and 
the  provisions  of  law  relating  thereto  shall  apply  to  any  firm 
or  partnership,  to  any  corporation,  and  to  any  club,  organi- 
zation, association,  or  other  combination  of  persons,  whether 
incorporated  or  not,  with  similar  purposes,  whether  primary 
or  incidental. 

"Public  office"  shall  apply  to  any  national,  state,  county  or 
city  office  to  which  a  salary  attaches  and  which  is  filled  by  the 
voters,  as  well  as  to  the  office  of  presidential  elector,  United 
States  Senator,  or  presiding  officer  of  either  branch  of  the 
Legislature. 

"Give,"  "provide,"  "expend,"  "contribute,"  "receive,"  "ask," 
"solicit,"  and  like  terms,  with  their  corresponding  nouns,  shall 
apply  to  money,  its  equivalent,  or  any  other  valuable  thing; 
shall  include  the  promise,  advance,  deposit,  borrowing,  or  loan 
thereof,  and  shall  cover  all  or  any  part  of  a  transaction, 
whether  it  be  made  directly  or  indirectly. 

None  of  the  provisions  of  this  act  shall  be  construed  as  re- 
lating to  the  rendering  of  services  by  speakers,  writers,  pub- 


STATUTES  RELATING  TO  ELECTIONS.  129 


lishers,  or  others,  for  which  no  compensation  is  asked  or 
given;  nor  to  prohibit  expenditure  by  committees  of  political 
parties  or  organizations  for  public  speakers,  music,  halls, 
lights,  literature,  advertising,  office  rent,  printing,  postage, 
clerk  hire,  challengers  or  watchers  at  the  polls,  traveling  ex- 
penses, telegraphing,  telephoning,  or  the  making  of  poll  lists. 

Section  11.  Every  candidate  for  nomination  or  election  to 
public  office,  including  candidates  for  the  office  of  Senator  of 
the  United  States,  shall  within  fifteen  days  after  the  election 
at  which  he  was  a  candidate,  file  with  the  Secretary  of  State, 
if  a  candidate  for  Senator  of  the  United  States,  Representa- 
tive in  Congress,  or  for  any  state  or  district  office  in  a  dis- 
trict composed  of  one  or  more  counties,  or  for  members  of  the 
Legislative  Assembly  from  a  district  composed  of  more  than 
one  county,  but  with  the  County  Clerk  for  legislative  districts 
composed  of  not  more  than  one  county,  and  for  county  and 
precinct  offices,  and  with  the  Town  Clerk,  Auditor  or  Recor- 
der, of  the  town  or  city  in  which  he  resides  if  he  was  a  can- 
didate for  a  town,  city  or  ward  office,  an  itemized  sworn-  state- 
ment setting  forth  in  detail  all  the  moneys  contributed,  ex- 
pended or  promised  by  him  to  aid  and  promote  his  nomination 
or  election,  or  both,  as  the  case  may  be,  and  for  the  election  of 
his  party  candidates,  and  all  existing  unfulfilled  promises  of 
every  character  and  all  liabilities  remaining  uncanceled  and 
in  force  at  the  time  such  statement  is  made,  whether  such  ex- 
penditures, promises  and  liabilities  were  made  or  incurred 
before,  during  or  after  such  election.  If  no  money  or  other 
valuable  thing  was  given,  paid,  expended,  contributed,  or 
promised,  and  no  unfulfilled  liabilities  were  incurred  by  a  can- 
didate for  public  office  to  aid  or  promote  his  nomination  or 
election,  or  the  election  of  his  party  candidates,  he  shall  file 
a  statement  to  that  effect  within  fifteen  days  after  the  election 
at  which  he  was  a  candidate.  Any  candidate  who  shall  fail  to 
file  such  a  statement  shall  be  fined  twenty-five  dollars  for  every 
day  on  which  he  was  in  default,  unless  he  shall  be  excused  by 
the  court.  Fifteen  days  after  any  such  election  the  Secretary 
of  State,  or  County  Clerk,  Town  Clerk,  Auditor  or  Recorder, 
as  the  case  may  be,  shall  notify  the  District  Attorney  of  any 
failure  to  file  such  a  statement  on  the  part  of  any  candidate, 
and  within  ten  days  thereafter  such  prosecuting  officer  shall 
proceed  to  prosecute  said  candidate  for  such  offense. 

Section  12.  Every  political  committee  shall  have  a  treas- 
urer, who  is  a  voter,  and  shall  cause  him  to  keep  detailed  ac- 
counts of  all  its  receipts,  payments  and  liabilities.  Similar 
accounts  shall  be  kept  by  every  person,  who  in  the  aggregate 
receives  or  expends  money  or  incurs  liabilities  to  the  amount  of 
more  than  fifty  dollars  for  political  purposes  and  by  every 
5 


130  STATUTES  RELATING  TO  ELECTIONS. 

political  agent  and  candidate.  Such  accounts  shall  cover  all 
transactions  in  any  way  affecting-  or  connected  with  the  political 
canvass,  campaign,  nomination  or  election  concerned.  Every 
person  receiving  or  expending  money  or  incurring  liability  by 
authority  or  in  behalf  of  or  to  promote  the  success  or  defeat 
of  such  committee,  agent,  candidate  or  other  person  or  politi- 
cal party  or  organization,  shall,  on  demand,  and  in  any  event 
within  fourteen  days  after  such  receipt,  expenditure  or  incur- 
rence  of  liability,  give  such  treasurer,  agent,  candidate  or 
other  person  on  whose  behalf  such  expense  or  liability  was  in- 
curred detailed  account  thereof,  with  proper  vouchers.  Every 
payment,  except  payments  less  in  the  aggregate  than  five  dol- 
lars to  any  person,  shall  be  vouched  for  by  a  receipted  bill 
stating  the  particulars  of  expense.  Every  voucher,  receipt  and 
account  hereby  required  shall  be  a  part  of  the  accounts  and 
files  of  such  treasurer,  agent,  candidate  or  other  person,  and 
shall  be  preserved  by  the  public  officer  with  whom  it  shall  be 
filed  for  six  months  after  the  election  to  which  it  refers.  Any 
person  not  a  candidate  for  any  office  or  nomination  who  ex- 
pends money  or  value  to  an  amount  greater  than  fifty  dollars 
in  any  campaign  for  nomination  or  election,  to  aid  in  the  elec- 
tion or  defeat  of  any  candidate  or  candidates,  or  party  ticket, 
or  measure  before  the  people,  shall  within  ten  days  after  the 
election  in  which  said  money  or  value  was  expended,  file  with 
the  Secretary  of  State  in  the  case  of  a  measure  voted  upon  by 
the  people,  or  of  state  or  district  offices  for  districts  composed 
of  one  or  more  counties,  or  with  the  County  Clerk  for  county 
offices,  and  with  the  City  Clerk,  Auditor  or  Recorder  for  mu- 
nicipal offices,  an  itemized  statement  of  such  receipts  and  ex- 
penditures and  vouchers  for  every  sum  paid  in  excess  of  five 
dollars,  and  shall  at  the  same  time  deliver  to  the  candidate  or 
treasurer  of  the  political  organization  whose  success  or  defeat 
he  has  sought  to  promote,  a  duplicate  of  such  statement  and  a 
copy  of  such  vouchers.  The  books  of  account  of  every  treas- 
urer of  any  political  party,  committee  or  organization,  during 
an  election  campaign,  shall  be  open  at  all  reasonable  office 
hours  to  the  inspection  of  the  treasurer  and  chairman  of  any 
opposing  political  party  or  organization  for  the  same  electoral 
district;  and  his  right  of  inspection  may  be  enforced  by  writ 
of  mandamus  by  any  court  of  competent  jurisdiction. 

Section  13.  The  Secretary  of  State  shall,  at  the  expense  of 
the  state,  furnish  to  the  County  Clerk,  and  to  the  City  and 
Town  Clerks,  Auditors  and  Recorders,  copies  of  this  act  as  a 
part  of  the  election  laws.  In  the  filing  of  a  nomination  petition 
or  certificate  of  nomination,  the  Secretary  of  State,  in  the  case 
of  state  and  district  offices  for  districts  composed  of  one  or 
more  counties,  and  County  Clerks  for  county  offices,  and  the 


STATUTES  RELATING  TO  ELECTIONS.  131 

City  and  Town  Clerks,  Auditors  or  Recorders  for  municipal 
offices,  shall  transmit  to  the  several  candidates,  and  to  the 
treasurers  of  political  committees,  and  to  political  agents,  as 
far  as  they  may  be  known  to  such  officer,  copies  of  this  act, 
and  also  to  any  other  person  required  to  file  a  statement  such 
copies  shall  be  furnished  upon  application  therefor.  Upon  his 
own  information,  or  at  the  written  request  of  any  voter,  said 
Secretary  of  State  shall  transmit  to  any  other  person  believed 
by  him  or  averred  to  be  a  candidate,  or  who  may  otherwise  be 
required  to  make  a  statement,  a  copy  of  this  act. 

Section  14.  The  several  officers  with  whom  statements  are 
required  to  be  filed  shall  inspect  all  statements  of  accounts  and 
expenses  relating1  to  nominations  and  elections  filed  with  them 
within  ten  days  after  the  same  are  filed ;  and  if  upon  examina- 
tion of  the  official  ballot  it  appears  that  any  person  has  failed 
to  file  a  statement  as  required  by  law,  or  if  it  appears  to  any 
such  officer  that  the  statement  filed  with  him  does  not  conform 
to  law,  or  upon  complaint  in  writing  by  a  candidate  or  by  a 
voter  that  a  statement  filed  does  not  conform  to  law  or,  to  the 
truth,  or  that  any  person  has  failed  to  file  a  statement  which 
he  is  by  law  required  to  file,  said  officer  shall  forthwith  in  writ- 
ing notify  the  delinquent  person.  Every  such  complaint  filed 
by  a  citizen  or  candidate  shall  state  in  detail  the  grounds  of 
objection,  shall  be  sworn  to  by  the  complainant,  and  shall  be 
filed  with  the  officer  within  sixty  days  after  the  filing  of  the 
statement  or  amended  statement.  Upon  the  written  request  of 
a  candidate  or  any  voter,  filed  within  sixteen  days  after  any 
convention,  primary  or  nominating  election,  said  Secretary  of 
State,  County  Clerk,  City  or  Town  Clerk,  Auditor  or  Recor- 
der, as  the  case  may  be,  shall  demand  from  any  specified  per- 
son or  candidate  a  statement  of  all  his  receipts,  and  from 
whom  received,  disbursements  and  liabilities  In  connection 
with  or  in  any  way  relating  to  the  nomination  or  election  con- 
cerned, whether  it  is  an  office  to  which  a  salary  or  compensa- 
tion is  attached  or  not,  and  said  person  shall  thereupon  be 
required  to  file  such  statement  and  to  comply  with  all  the  pro- 
visions relating  to  statements  herein  contained.  Whoever 
makes  a  statement  required  by  this  act  shall  make  oath  at- 
tached thereto  that  it  is  in  all  respects  correct,  complete,  and 
true,  to  the  best  of  his  knowledge  and  belief,  and  said  verifica- 
tion shall  be  substantially  the  form  herein  provided. 

Section  15.  Upon  the  failure  of  any  person  to  file  a  state- 
ment within  ten  days  after  receiving  notice  under  the  preced- 
ing section,  or  if  any  statement  filed  as  above  discloses  any  vio- 
lation of  any  provision  of  this  act  relating  to  corrupt  prac- 
tices in  elections,  or  in  any  other  provision  of  the  election  laws, 
the  Secretary  of  State,  the  County  Clerk,  or  the  City  Clerk, 


132  STATUTES  RELATING  TO  ELECTIONS. 

Auditor  or  Recorder,  as  the  case  may  be,  shall  forthwith  notify 
the  District  Attorney  of  the  district  where  said  violation  oc- 
curred and  shall  furnish  him  with  copies  of  all  papers  relating 
thereto,  and  said  District  Attorney  shall  within  sixty  days 
thereafter  examine  every  such  case,  and  if  the  evidence  seems 
to  him  to  be  sufficient  under  the  provisions  of  this  act  he  shall 
in  the  name  of  the  state  forthwith  institute  such  civil  or  crimi- 
nal proceedings  as  may  be  appropriate  to  the  facts. 

Section  16.  The  circuit  court' of  the  county  in  which  any 
statement  of  accounts  and  expenses  relating  to  nominations 
and  elections  should  be  filed,  unless  herein  otherwise  provided, 
shall  have  exclusive  original  jurisdiction  of  all  violations  of 
this  act,  and  may  compel  any  person  who  fails  to  file  such  a 
statement  as  required  by  this  act,  or  who  files  a  statement 
which  does  not  conform  to  the  provisions  of  this  act  in  respect 
to  its  truth,  sufficiency  in  detail  or  otherwise,  to  file  a  sufficient 
statement,  upon  the  application  of  the  Attorney-General  or  of 
the  District  Attorney,  or  the  petition  of  a  candidate  or  of  any 
voter.  Such  petition  shall  be  filed  in  the  circuit  court  within 
sixty  days  after  such  election  if  the  statement  was  filed  within 
the  fifteen  days  required,  but  such  a  petition  may  be  filed  with- 
in thirty  days  after  any  payment  not  included  in  the  statement 
so  filed. 

Section  17.  All  statements  shall  be  preserved  for  six 
months  after  the  election  to  which  they  relate,  shall  be  public 
records  subject  to  public  inspection,  and  it  shall  be  the  duty  of 
the  officers  having  custody  of  the  same  to  give  certified  copies 
thereof  in  like  manner  as  of  other  public  records.  The  totals 
of  each  statement,  filed  with  him,  with  the  name  of  the  person 
or  candidate  filing  it,  shall  be  published  in  the  next  annual  re- 
port of  the  Secretary  of  State,  the  County  Clerk  or  the  City 
Clerk,  Auditor  or  Recorder,  as  the  case  may  be. 

Section  18.  No  person  shall  make  a  payment  of  his  own 
money  or  of  another  person's  money  to  any  other  person  in  con- 
nection with  a  nomination  or  election  in  any  other  name  than 
that  of  the  person  who  in  truth  supplies  such  money ;  nor  shall 
any  person  knowingly  receive  such  payment  or  enter  or  cause 
the  same  to  be  entered  in  his  accounts  or  records  in  another 
name  than  that  of  the  person  by  whom  it  was  actually  fur- 
nished; provided,  if  the  money  be  received  from  the  treasurer 
of  any  political  organization  it  shall  be  sufficient  to  enter  the 
same  as  received  from  said  treasurer. 

Section  19.  No  person  shall,  in  order  to  aid  or  promote  his 
nomination  or  election,  directly  or  indirectly,  himself  or 
through  any  other  person,  promise  to  appoint  another  person, 
or  promise  to  secure  or  aid  in  securing  the  appointment,  nomi- 
nation or  election  of  another  person  to  any  public  or  private 


STATUTES  RELATING  TO  ELECTIONS.  133 


position  or  employment,  or  to  any  position  of  honor,  trust  or 
emolument,  except  that  he  may  publicly  announce  or  define 
what  is  his  choice  or  purpose  in  relation  to  any  election  in 
which  he  may  be  called  to  take  part,  if  elected,  and  if  he  is  a 
candidate  for  nomination  or  election  as  a  member  of  the  Legis- 
lative Assembly  he  may  pledge  himself  to  vote  for  the  people's 
choice  for  United  States  Senator,  or  state  what  his  action  will 
be  on  such  vote. 

Section  20.  No  holder  of  a  public  position  or  office  other 
than  an  office  filled  by  the  voters,  shall  pay  or  contribute  to  aid 
or  promote  the  nomination  or  election  of  any  other  person  to 
public  office.  No  person  shall  invite,  demand  or  accept  pay- 
ment or  contribution  from  such  holder  of  a  public  position  or 
office  for  campaign  purposes. 

Section  21.  No  holder  of  a  public  position  other  than  an 
office  filled  by  the  voters  shall  be  a  delegate  to  a  convention 
for  the  election  district  that  elects  the  officer  or  board  under 
whom  he  directly  or  indirectly  holds  such  position,  nor  shall  he 
be  a  member  of  a  political  committee  for  such  district. 

Section  22.  No  person  shall  invite,  offer  or  effect  the  trans- 
fer of  any  convention  credential  in  return  for  any  payment 
of  money  or  other  valuable  thing. 

Section  23.  No  person  shall  pay,  or  promise  to  reward  an- 
other in  any  manner  or  form  for  the  purpose  of  inducing  him 
to  be  or  refrain  from  or  cease  being  a  candidate,  and  no  per- 
son shall  solicit  any  payment,  promise  or  reward  from  another 
for  such  purpose. 

Section  24.  No  person  shall  demand,  solicit,  ask  or  invite 
any  payment  or  contribution  for  any  religious,  political,  chari- 
table or  other  cause  or  organization  supposed  to  be  primarily 
or  principally  for  the  public  good,  from  a  person  who  seeks  to 
be  or  has  been  nominated  or  elected  to  any  office ;  and  no  such 
candidate  or  elected  person  shall  make  any  such  payment  or 
contribution  if  it  shall  be  demanded  or  asked  during  the  time 
he  is  a  candidate  for  nomination  or  election  to  or  an  incum- 
bent of  any  office.  No  payment  or  contribution  for  any  pur- 
pose shall  be  made  a  condition  precedent  to  the  putting  of  a 
name  on  any  caucus  or  convention  ballot  or  nomination  paper 
or  petition,  or  to  the  performance  of  any  duty  Imposed  by  law 
on  a  political  committee.  No  person  shall  demand,  solicit,  ask 
or  invite  any  candidate  to  subscribe  to  the  support  of  any  club 
or  organization,  to  buy  tickets  to  any  entertainment  or  ball,  or 
to  subscribe  for  or  pay  for  space  in  any  book,  program,  per- 
iodical or  other  publication;  if  any  candidate  shall  make  any 
such  payment  or  contribution  with  apparent  hope  or  intent  to 
influence  the  result  of  the  election,  he  shall  be  guilty  of  a  cor- 
rupt practice ;  but  this  section  shall  not  apply  to  the  soliciting 


134  STATUTES  RELATING  TO  ELECTIONS. 


of  any  business  advertisement  for  insertion  in  a  periodical  in 
which  such  candidate  was  regularly  advertising  prior  to  his 
candidacy  nor  to  ordinary  business  advertising  nor  to  his  regu- 
lar payment  to  any  organization,  religious,  charitable  or  other- 
wise of  which  he  may  have  been  a  member,  or  to  which  he  may 
have  been  a  contributor,  for  more  than  six  months  before  his 
candidacy  nor  to  ordinary  contributions  at  church  services. 

Section  25.  No  corporation,  and  no  person,  trustee,  or  trus- 
tees owning  or  holding  the  majority  of  the  stock  of  a  corpora- 
tion, carrying  on  the  business  of  a  bank,  savings  bank,  co-op- 
erative bank,  trust,  trustee,  surety,  indemnity,  safe  deposit,  in- 
surance, railroad,  street  railway,  telegraph,  telephone,  gas,  elec- 
tric light,  heat,  power,  canal,  aqueduct,  water,  cemetery,  or 
crematory  company,  or  any  company  having  the  right  to  take 
or  condemn  land  or  to  exercise  franchises  in  public  ways 
granted  by  the  state  or  by  any  county,  city  or  town,  shall  pay 
or  contribute  in  order  to  aid,  promote  or  prevent  the  nomina- 
tion or  election  of  any  person,  or  in  order  to  aid  or  promote 
the  interests,  success  or  defeat  of  any  political  party  or  organi- 
zation. No  person  shall  solicit  or  receive  such  payment  or  con- 
tribution from  such  corporation  or  such  holders  of  a  majority 
of  such  stock. 

Section  26.  Any  person  or  candidate  who  shall  either  by 
himself  or  by  any  other  person,  either  before  or  after  an  elec- 
tion, or  while  such  person  or  candidate  is  seeking  a  nomina- 
tion or  election,  directly  or  indirectly,  give  or  provide,  or  pay, 
wholly  or  in  part,  the  expenses  of  giving  or  providing  any 
meat  or  drink  or  other  entertainment  or  provision,  clothing, 
liquors,  cigars  or  tobacco,  to  or  for  any  person  for  the  purpose 
of  or  with  intent  or  hope  to  influence  that  person  or  any  other 
person  to  give  or  refrain  from  giving  his  vote  at  such  election 
to  or  for  any  candidate  or  political  party  ticket,  or  measure 
before  the  people,  or  on  account  of  such  person  or  any  other 
person  having  voted  or  refrained  from  voting  for  any  candi- 
date or  the  candidates  of  any  political  party  or  organization 
or  measure  before  the  people,  or  being  about  to  vote  or  refrain 
from  voting  at  such  election,  shall  be  guilty  of  treating.  Every 
elector  who  accepts  or  takes  any  such  meat,  drink,  entertain- 
ment, provision,  clothing,  liquors,  cigars  or  tobacco,  shall  also 
be  guilty  of  treating;  and  such  acceptance  shall  be  a  ground 
of  challenge  to  his  vote  and  of  rejecting  his  vote  on  a  contest. 

Section  27.  Section  2775  of  Bellinger  and  Cotton's  Anno- 
tated Codes  and  Statutes  of  Oregon  shall  be  and  the  same  is 
hereby  amended  to  read  as  follows : 

Sec.  2775.  Whenever  any  person's  right  to  vote  shall  be 
challenged,  and  he  has  taken  the  oath  prescribed  by  section 
2774,  and  if  it  is  at  a  nominating  election,  then  with  the  addi- 


STATUTES  RELATING  TO  ELECTIONS.  135 


tion  of  the  words  "and  that  I  am  in  good  faith  a  member  of 
the  political  party  with  which  I  am  registered"  it  shall  be  the 
duty  of  the  clerks  of  election  to  write  in  the  poll  books  at  the 
end  of  such  person's  name  the  words  "challenged  and  sworn," 
with  the  name  of  the  challenger.  Thereupon  the  chairman  of 
the  board  of  judges  shall  write  upon  the  back  of  the  ballot  of- 
fered by  such  challenged  voter  the  number  of  his  ballot,  in  or- 
der that  the  same  may  be  identified  in  any  future  contest  of 
the  results  of  the  election,  and  be  cast  out  if  it  shall  appear 
to  the  court  to  have  been  for  any  reason  wrongfully  or  illegally 
voted  for  any  candidate  or  on  any  question.  And  such  mark- 
ing of  the  name  of  such  challenged  voter,  nor  the  testimony  of 
any  judge  or  clerk  of  election  in  reference  thereto,  or  in  refer- 
ence to  the  manner  in  which  said  challenged  person  voted,  if 
said  testimony  shall  be  given  in  the  course  of  any  contest,  in- 
vestigation or  trial  wherein  the  legality  of  the  vote  of  such 
person  is  questioned  for  any  reason,  shall  not  be  deemed  a  vio- 
lation of  section  2829  of  Bellinger  and  Cotton's  Annotated 
Codes  and  Statutes  of  Oregon. 

Section  28.  Every  person  who  shall  directly  or  indirectly,  by 
himself  or  any  other  person  in  his  behalf,  make  use  of  or 
threaten  to  make  use  of  any  force,  coercion,  violence,  restraint, 
or  undue  influence,  or  inflict  or  threaten  to  inflict,  by  himself 
or  any  other  person,  any  temporal  or  spiritual  injury,  damage, 
harm,  or  loss  upon  or  against  any  person  in  order  to  induce  or 
compel  such  person  to  vote  or  refrain  from  voting  for  any  can- 
didate or  the  ticket  of  any  political  party,  or  any  measure  be- 
fore the  people,  or  any  person  who,  being  a  minister,  preacher 
or  priest,  or  any  officer  of  any  church,  religious  or  other  cor- 
poration or  organization,  otherwise  than  by  public  speech  or 
print,  shall  urge,  persuade  or  command  any  voter  to  vote  or 
refrain  from  voting  for  or  against  any  candidate  or  political 
party  ticket  or  measure  submitted  to  the  people,  for  or  on  ac- 
count of  his  religious  duty,  or  the  interest  of  any  corporation, 
church  or  other  organization,  or  who  shall  by  abduction,  duress 
or  any  fraudulent  contrivance,  impede  or  prevent  the  free  exer- 
cise of  the  franchise  by  any  voter  at  any  election,  or  shall 
thereby  compel,  induce  or  prevail  upon  any  elector  to  give  or 
to  refrain  from  giving  his  vote  at  any  election,  shall  be  guilty 
of  undue  influence,  and  shall  be  punished  as  for  a  corrupt  prac- 
tice. 

Section  29.  Any  candidate  who,  before  or  during  any  elec- 
tion campaign,  makes  any  bet  or  wager  of  anything  of  pecu- 
niary value,  or  in  any  manner  becomes  a  party  to  any  such  bet 
or  wager  on  the  result  of  the  election  in  his  electoral  district, 
in  any  part  thereof,  or  on  any  event  or  contingency 
relating  to  any  pending  election,  or  who  provides  money 


136  STATUTES  RELATING  TO  ELECTIONS. 


or  other  valuable  to  be  used  by  any  person  in  bet- 
ting or  wagering  upon  the  results  of  any  impend- 
ing election,  shall  be  guilty  of  a  corrupt  practice.  Any 
person  who,  for  the  purpose  of  influencing  the  result  of  any 
election  makes  any  bet  or  wager  of  anything  of  pecuniary  value 
on  the  result  of  such  election  in  his  electoral  district  or  any 
part  thereof,  or  of  any  pending  election,  or  on  any  event  or 
contingency  relating  thereto,  shall  be  guilty  of  a  corrupt  prac- 
tice, and  in  addition  thereto  any  such  act  shall  be  a  ground  of 
challenge  against  his  right  to  vote. 

Section  30.  Any  person  shall  be  deemed  to  be  guilty  of  the 
offense  of  personation  who,  at  any  election,  applies  for  a  ballot 
in  the  name  of  some  other  person,  whether  it  be  that  of  a  per- 
son living  or  dead,  or  of  a  fictitious  person,  or  who  having  voted 
once  at  an  election  applies  at  the  same  election  for  a  ballot  in 
his  own  name;  and  on  conviction  thereof  such  person  shall  be 
punished  by  imprisonment  in  the  penitentiary  at  hard  labor  for 
not  less  than  one  nor  more  than  three  years. 

Section  31.  Any  person  shall  be  guilty  of  a  corrupt  practice 
within  the  meaning  of  this  act  if  he  expends  any  money  for 
election  purposes  contrary  to  the  provisions  of  any  statute  of 
this  state,  or  if  he  is  guilty  of  treating,  undue  influence,  per- 
sonation, the  giving  or  promising  to  give,  or  offer  of  any  money 
or  valuable  thing  to  any  elector  with  intent  to  induce  such  elec- 
tor to  vote  for  or  to  refrain  from  voting  for  any  candidate  for 
public  office,  or  the  ticket  of  any  political  party  or  organiza- 
tion, or  any  measure  submitted  to  the  people,  at  any  election, 
or  to  register  or  refrain  from  registering  as  a  voter  at  any 
state,  district,  county,  city,  town,  village  or  school  district  elec- 
tion for  public  offices  or  on  public  measures.  Such  corrupt 
practice  shall  be  deemed  to  be  prevalent  when  instances  there- 
of occur  in  different  election  districts  similar  in  character  and 
sufficient  in  number  to  convince  the  court  before  which  any 
case  involving  the  same  may  be  tried  that  they  were  general 
and  common,  or  were  pursuant  to  a  general  scheme  or  plan. 

Section  32.  It  shall  be  unlawful  for  any  person  to  pay  an- 
other for  any  loss  or  damage  due  to  attendance  at  the  polls, 
or  in  registering,  or  for  the  expense  of  transportation  to  or 
from  the  polls.  No  person  shall  pay  for  personal  service  to 
be  performed  on  the  day  of  a  caucus,  primary,  convention,  or 
any  election,  for  any  purpose  connected  therewith,  tending  in 
any  way,  directly  or  indirectly,  to  affect  the  result  thereof,  ex- 
cept for  the  hiring  of  persons  whose  sole  duty  is  to  act  as  chal- 
lengers and  watch  the  count  of  official  ballots.  No  person  shall 
buy,  sell,  give  or  provide  any  political  badge,  button  or  other 
insignia  to  be  worn  at  or  about  the  polls  on  the  day  of  any  elec- 
tion, and  no  such  political  badge,  button  or  other  insignia  shall 
be  worn  at  or  about  the  polls  on  any  election  day. 


STATUTES  RELATING  TO  ELECTIONS.  137 

Section  33.  No  publisher  of  a  newspaper  or  other  periodi- 
cal shall  insert,  either  in  its  advertising  or  reading  columns, 
any  paid  matter  which  is  designed  or  tends  to  aid,  injure  or 
defeat  any  candidate  or  political  party  or  organization,  or 
measure  before  the  people,  unless  it  is  stated  therein  that  it  is 
a  paid  advertisement,  the  name  of  the  chairman  or  secretary, 
or  the  names  of  the  other  officers  of  the  political  or  other  or- 
ganization inserting  the  same,  or  the  name  of  some  voter  who 
is  responsible  therefor,  with  his  residence  and  the  street  and 
number  thereof,  if  any,  appear  in  such  advertisement  in  the 
nature  of  a  signature.  No  person  shall  pay  the  owner,  editor, 
publisher  or  agent  of  any  newspaper  or  other  periodical  to  in- 
duce him  to  editorially  advocate  or  oppose  any  candidate  for 
nomination  or  election,  and  no  such  owner,  editor,  publisher  or 
agent  shall  accept  such  payment.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  section  shall  be  punished  as  for  a 
corrupt  practice. 

Section.  34.  It  shall  be  unlawful  for  any  person  at  any,  place 
on  the  day  of  any  election  to  ask,  solicit,  or  in  any  manner  try 
to  induce  or  persuade  any  voter  on  such  election  day  to  vote  for 
or  refrain  from  voting  for  any  candidate,  or  the  candidates  or 
ticket  of  any  political  party  or  organization,  or  any  measure 
submitted  to  the  people,  and  upon  conviction  thereof  he  shall 
be  punished  by  fine  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars  for  the  first  offense,  and  for  the  second  and 
each  subsequent  offense  occurring  on  the  same  or  different  elec- 
tion days,  he  shall  be  punished  by  fine  as  aforesaid,  or  by  im- 
prisonment in  the  county  jail  for  not  less  than  five  nor  more 
than  thirty  days,  or  by  both  such  fine  ana  imprisonment. 

Section  35.  It  shall  be  unlawful  to  write,  print,  or  circulate 
through  the  mails  or  otherwise  any  letter,  circular,  bill,  placard 
or  poster  relating  to  any  election  or  to  any  candidate  at  any 
election,  unless  the  same  shall  bear  on  its  face  the  name  and 
address  of  the  author,  and  of  the  printer  and  publisher  there- 
of;  and  any  person  writing,  printing,  publishing,  circulating, 
posting,  or  causing  to  be  written,  printed,  circulated,  posted  or 
published  any  such  letter,  bill,  placard,  circular  or  poster  as 
aforesaid,  which  fails  to  bear  on  its  face  the  name  and  address 
of  the  author  and  of  the  printer  or  publisher  shall  be  guilty 
of  an  illegal  practice,  and  shall,  on  conviction  thereof,  be  pun- 
ished by  fine  of  not  less  than  ten  dollars  nor  more  than  one 
thousand  dollars.  If  any  letter,  circular,  poster,  bill,  publica- 
tion or  placard  shall  contain  any  false  statement  or  charges 
reflecting  on  any  candidate's  character,  morality  or  integrity, 
the  author  thereof  and  every  person  printing  or  knowingly  as- 
sisting in  the  circulation  thereof  shall  be  guilty  of  political 
criminal  libel  and  upon  conviction  thereof  shall  be  punished 


138  STATUTES  RELATING  TO  ELECTIONS. 

by  imprisonment  in  the  penitentiary  for  not  less  than  one  nor 
more  than  three  years.  If  the  person  charged  with  such  crime 
shall  prove  on  his  trial  that  he  had  reasonable  ground  to  be- 
lieve such  charge  was  true  and  did  believe  it  was  true,  and 
that  he  was  not  actuated  by  malice  in  making  such  publication, 
it  shall  be  a  sufficient  defense  to  such  charge.  But  in  that 
event,  and  as  a  part  of  such  defense,  the  author  and  the  prin- 
ter or  publisher  or  other  person  charged  with  such  crime  shall 
also  prove  that,  at  least  fifteen  days  before  such  letter,  circular, 
poster,  bill  or  placard  containing  such  false  statement  or  state- 
ments was  printed  or  circulated,  he  or  they  caused  to  be  served 
personally  and  in  person  upon  the  candidate  to  whom  it  relates 
a  copy  thereof  in  writing,  and  calling  his  attention  particularly 
to  the  charges  contained  therein,  and  that,  before  printing, 
publishing  or  circulating  such  charges,  he  received  and  read 
any  denial,  defense  or  explanation,  if  any,  made  or  offered  to 
him  in  writing  by  the  accused  candidate  within  ten  days  after 
the  service  of  such  charge  upon  the  accused  person. 

Section  36.  The  name  of  a  candidate  chosen  at  a  primary 
nominating  election  or  otherwise,  shall  not  be  printed  on  the 
official  ballot  for  the  ensuing  election  unless  there  has  been 
filed  by  or  on  behalf  of  said  candidate  the  statements  of  ac- 
counts and  expenses  relating  to  nominations  required  by  this 
act,  as  well  as  a  statement  by  his  political  agent  and  by  his 
political  committee  or  committees  in  his  behalf,  if  his  statement 
discloses  the  existence  of  such  agent,  committee  or  commit- 
tees. The  officer  or  board  entrusted  by  law  with  the  prepara- 
tion of  the  official  ballots  for  any  election  shall,  as  far  as  prac- 
ticable, warn  candidates  of  the  danger  of  the  omission  of  their 
names  by  reason  of  this  provision,  but  delay  in  making  any 
such  statement  beyond  the  time  prescribed  shall  not  preclude 
its  acceptance  or  prevent  the  insertion  of  the  name  on  the  bal- 
lot if  there  is  reasonable  time  therefor  after  the  receipt  of 
such  statements.  Any  such  vacancy  on  the  ballot  shall  be  filled 
by  the  proper  committee  of  his  political  party  in  the  manner 
authorized  by  law,  but  not  by  the  use  of  the  name  of  the  candi- 
date who  failed  to  file  such  statements.  No  person  shall  re- 
ceive a  certificate  of  election  until  he  shall  have  filed  the  state- 
ments required  by  this  act. 

Section  37.  It  shall  be  unlawful  for  any  person  to  accept, 
receive,  or  pay  money  or  any  valuable  consideration  for  becom- 
ing or  for  refraining  from  becoming  a  candidate  for  nomina- 
tion or  election,  or  by  himself  or  in  combination  with  any  other 
person  or  persons  to  become  a  candidate  for  the  purpose  of 
defeating  the  nomination  or  election  of  any  other  person  and 
not  with  a  bona  fide  intent  to  obtain  the  office.  Upon  com- 
plaint made  to  any  circuit  court,  if  the  judge  shall  be  convinced 


STATUTES  RELATING  TO  ELECTIONS.  139 


that  any  person  has  sought  the  nomination  or  seeks  to  have 
his  name  presented  to  the  voters  as  a  candidate  for  nomina- 
tion by  any  political  party  for  any  mercenary  or  venal  con- 
sideration or  motive,  and  that  his  candidacy  for  the  nomina- 
tion is  not  in  good  faith,  the  judge  shall  forthwith  issue  his 
writ  of  injunction  restraining  the  officer  or  officers  whose  duty 
it  is  to  prepare  the  official  ballots  for  such  nominating  election 
from  placing  the  name  of  such  person  thereon  as  a  candidate 
for  nomination  to  any  office.  In  addition  thereto  the  court 
shall  direct  the  District  Attorney  to  institute  criminal  proceed- 
ings against  such  person  or  persons  for  corrupt  practice,  and 
upon  conviction  thereof  he  and  any  person  or  persons  combin- 
ing with  him  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars,  or  imprisonment  in  the  county  jail  for  not 
more  than  one  year. 

Section  38.  Where,  upon  the  trial  of  any  action  or  proceed- 
ing under  the  provisions  of  this  act  for  the  contest  of  the  right 
of  any  person  declared  nominated  or  elected  to  any  office,  or  to 
annul  or  set  aside  such  nomination  or  election,  or  to  remove  a 
person  from  his  office,  it  appears  from  the  evidence  that  the 
offense  complained  of  was  not  committed  by  the  candidate,  or 
with  his  knowledge  or  consent,  or  was  committed  without  his 
sanction  or  connivance,  and  that  all  reasonable  means  for  pre- 
venting the  commission  of  such  offense  at  such  election  were 
taken  by  and  on  behalf  of  the  candidate,  or  that  the  offense  or 
offenses  complained  of  were  trivial,  unimportant  and  limited  in 
character,  and  that  in  all  other  respects  his  participation  in  the 
election  was  free  from  such  offenses  or  illegal  acts,  or  that  any 
act  or  omission  of  the  candidate  arose  from  inadvertence  or 
from  accidental  miscalculation,  or  from  some  other  reasonable 
cause  of  a  like  nature  and  in  any  case  did  not  arise  from  any 
want  of  good  faith,  and  under  the  circumstances  it  seems  to  the 
court  to  be  unjust  that  the  said  candidate  shall  forfeit  his  nomi- 
nation or  office  or  be  deprived  of  any  office  of  which  he  is  the  in- 
cumbent, then  the  nomination  or  election  of  such  candidate 
shall  not  by  reason  of  such  offense  or  omission  complained  of 
be  void,  nor  shall  the  candidate  be  removed  from  or  deprived 
of  his  office. 

Section  39.  If,  upon  the  trial  of  any  action  or  proceeding 
under  the  provisions  of  this  act,  for  the  contesting  of  the  right 
of  any  person  declared  to  be  nominated  to  an  office,  or  elected 
to  an  office,  or  to  annul  and  set  aside  such  election,  or  to  remove 
any  person  from  his  office,  it  shall  appear  that  such  person  was 
guilty  of  any  corrupt  practice,  illegal  act,  or  undue  influence  in 
or  about  such  nomination  or  election,  he  shall  be  punished  by 
being  deprived  of  the  nomination  or  office,  as  the  case  may  be, 
and  the  vacancy  therein  shall  be  filled  in  the  manner  provided 


140  STATUTES  RELATING  TO  ELECTIONS. 

by  law.  The  only  exception  to  this  judgment  shall  be  that  pro- 
vided in  section  38  of  this  act.  Such  judgment  shall  not  pre- 
vent the  candidate  or  officer  from  being  proceeded  against  by 
indictment  or  criminal  information  for  any  such  act  or  acts. 

Section  40.  Any  action  to  contest  the  right  of  any  person 
declared  elected  to  an  office,  or  to  annul  and  set  aside  such  elec- 
tion, or  to  remove  from  or  deprive  any  person  of  an  office  of 
which  he  is  the  incumbent,  for  any  offense  mentioned  in  this 
act,  must,  unless  a  different  time  be  stated,  be  commenced  with- 
in forty  days  after  the  return  day  of  the  election  at  which  such 
offense  was  committed,  unless  the  ground  of  the  action  or  pro- 
ceeding is  for  the  illegal  payment  of  money  or  other  valuable 
thing  subsequent  to  the  filing  of  the  statements  prescribed  by 
this  act,  in  which  case  the  action  or  proceeding  may  be  com- 
menced within  forty  days  after  the  discovery  by  the  com- 
plainant of  such  illegal  payment.  A  contest  of  the  nomination 
or  office  of  Governor  or  Representative  or  Senator  in  Congress 
must  be  commenced  within  twenty  days  after  the  declaration 
of  the  result  of  the  election,  but  this  shall  not  be  construed  to 
apply  to  any  contest  before  the  Legislative  Assembly. 

Section  41.  An  application  for  filing  a  statement,  payment 
of  a  claim  or  correction  of  an  error  or  false  recital  in  a  state- 
ment filed,  or  an  action  or  proceeding  to  annul  and  set  aside 
the  election  of  any  person  declared  elected  to  an  office,  or  to 
remove  or  deprive  any  person  of  his  office  for  an  offense  men- 
tioned in  this  act,  or  any  petition  to  excuse  any  person  or  can- 
didate in  accordance  with  the  power  of  the  court  to  excuse  as 
provided  in  section  38  of  this  act,  must  be  made  or  filed  in  the 
circuit  court  of  the  county  in  which  the  certificate  of  his  nomi- 
nation as  a  candidate  for  the  office  to  which  he  is  declared  nomi- 
nated or  elected  is  filed  or  in  which  the  incumbent  resides. 

Section  42.  A  candidate  nominated  or  elected  to  an  office, 
and  whose  nomination  or  election  thereto  has  been  annulled 
and  set  aside  for  any  offense  mentioned  in  this  act,  shall  not, 
during  the  period  fixed  by  law  as  the  term  of  such  office,  be 
elected  or  appointed  to  fill  any  office  or  vacancy  in  any  office 
or  position  of  trust,  honor  or  emolument  under  the  laws  of  the 
State  of  Oregon  or  of  any  municipality  therein.  Any  appoint- 
ment or  election  to  any  office  or  position  of  trust,  honor  or 
emolument  made  in  violation  of  or  contrary  to  the  provisions 
of  this  act  shall  be  void. 

Section  43.  If  any  District  Attorney  shall  be  notified  by  any 
officer  or  other  person  of  any  violation  of  any  of  the  provisions 
of  this  act  within  his  jurisdiction,  it  shall  be  his  duty  forth- 
with to  diligently  inquire  into  the  facts  of  such  violation,  and 
if  there  is  reasonable  ground  for  instituting  a  prosecution  it 
shall  be  the  duty  of  such  District  Attorney  to  file  a  complaint 


STATUTES  RELATING  TO  ELECTIONS.  141 


or  information  in  writing  before  a  court  of  competent  jurisdic- 
tion, charging  the  accused  person  with  such  offense;  if  any 
District  Attorney  shall  fail  or  refuse  to  faithfully  perform  any 
duty  imposed  upon  him  by  this  act,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  forfeit 
his  office.  It  shall  be  the  duty  of  the  District  Attorney,  under 
penalty  of  forfeiture  of  his  office,  to  prosecute  any  and  all  per- 
sons guilty  of  any  violation  of  the  provisions  of  this  act,  the 
penalty  of  which  is  fine  or  imprisonment,  or  both,  or  removal 
from  office. 

Section  44.  If,  in  any  case  of  a  contest  on  the  ground  of  il- 
legal votes,  it  appears  that  another  person  than  the  one  re- 
turned has  the  highest  number  of  legal  votes,  after  the  illegal 
votes  have  been  eliminated,  the  court  must  declare  such  per- 
son nominated  or  elected,  as  the  case  may  be. 

Section  45.  Any  elector  of  the  state,  or  of  any  political  or 
municipal  division  thereof,  may  contest  the  right  of  any  per- 
son to  any  nomination  or  office  for  which  such  elector  has  the 
right  to  vote,  for  any  of  the  following  causes : 

1.  On  the  ground  of  deliberate,  serious  and  material  viola- 
tion of  any  of  the  provisions  of  this  act,  or  of  any  other  provi- 
sion of  the  law  relating  to  nominations  or  elections. 

2.  When  the  person  whose  right  was  contested  was  not,  at 
the  time  of  the  election,  eligible  to  such  office. 

3.  On  account  of  illegal  votes,  or  an  erroneous  or  fraudu- 
lent count  or  canvass  of  votes. 

Section  46.  Nothing  in  the  third  ground  of  contest  specified 
.in  section  45  is  to  be  so  construed  as  to  authorize  a  nomination 
or  election  to  be  set  aside  on  account  of  illegal  votes,  unless  it 
appear,  either  that  the  candidate  or  nominee  whose  right  is 
contested  had  knowledge  of,  or  connived  at  such  illegal  votes, 
or  that  the  number  of  illegal  votes  given  to  the  person  whose 
right  to  the  nomination  or  office  is  contested,  if  taken  from  him, 
would  reduce  the  number  of  his  legal  votes  below  the  number 
of  votes  given  to  some  other  person  for  the  same  nomination 
or  office,  after  deducting  therefrom  the  illegal  votes  which 
may  be  shown  to  have  been  given  to  such  other  person. 

Section  47.  When  the  reception  of  illegal  votes  is  alleged  as 
a  cause  of  contest,  it  shall  be  sufficient  to  state  generally  that 
in  one  or  more  specified  voting  precincts,  illegal  votes  were 
given  to  the  person  whose  nomination  or  election  is  contested, 
which,  if  taken  from  him,  will  reduce  the  number  of  his  legal 
votes  below  the  number  of  legal  votes  given  to  some  other  per- 
son for  the  same  office,  but  no  testimony  shall  be  received  of 
any  illegal  votes  unless  the  party  contesting  such  election  de- 
liver to  the  opposite  party,  at  least  three  days  before  such  trial, 
a  written  list  of  the  number  of  illegal  votes,  and  by  whom 


142  STATUTES  RELATING  TO  ELECTIONS. 

given,  which  he  intends  to  prove  on  such  trial.  This  provision 
shall  not  prevent  the  contestant  from  offering  evidence  of  il- 
legal votes  not  included  in  such  statement,  if  he  did  not  know 
and  by  reasonable  diligence  was  unable  to  learn  of  such  addi- 
tional illegal  votes  and  by  whom  they  were  given,  before  de- 
livering such  written  list. 

Section  48.  Any  petition  contesting  the  right  of  any  person 
to  a  nomination  or  election  shall  set  forth  the  name  of  every 
person  whose  election  is  contested,  and  the  grounds  of  the  con- 
test, and  shall  not  thereafter  be  amended,  except  by  leave  of 
the  court.  Before  any  proceeding  thereon  the  petitioner  shall 
give  bond  to  the  state  in  such  sum  as  the  court  may  order,  not 
exceeding  two  thousand  dollars,  with  not  less  than  two  sure- 
ties, who  shall  justify  in  the  manner  required  of  sureties  on 
bail  bonds,  conditioned  to  pay  all  costs,  disbursements  and  at- 
torney's fees  that  may  be  awarded  against  him  if  he  shall  not 
prevail.  If  the  petitioner  prevails,  he  may  recover  his  costs, 
disbursements  and  reasonable  attorney's  fees  against  the  con- 
testee.  But  costs,  disbursements  and  attorney's  fees,  in  all 
such  cases,  shall  be  in  the  discretion  of  the  court,  and  in  case 
judgment  is  rendered  against  the  petitioner  it  shall  also  be 
rendered  against  the  sureties  on  the  bond.  On  the  filing  of 
any  such  petition  the  clerk  shall  immediately  notify  the  judge 
of  the  court,  and  issue  a  citation  to  the  persons  whose  nomi- 
nation or  office  is  contested,  citing  them  to  appear  and  answer 
not  less  than  three  nor  more  than  seven  days  after  the  date 
of  filing  the  petition,  and  the  court  shall  hear  said  cause,  and 
every  such  contest  shall  take  precedence  over  all  other  busi- 
ness on  the  court  docket  and  shall  be  tried  and  disposed  of 
with  all  convenient  dispatch.  The  court  shall  always  be  deemed 
in  session  for  the  trial  of  such  cases. 

Section  49.  The  petitioner  (contestant)  and  the  contestee 
may  appear  and  produce  evidence  at  the  hearing,  but  no  per- 
son other  than  the  petitioner  and  contestee  shall  be  made  a 
party  to  the  proceedings  on  such  petition ;  and  no  person  other 
than  said  parties  and  their  attorneys  shall  be  heard  thereon, 
except  by  order  of  the  court.  If  more  than  one  petition  is  pend- 
ing, or  the  election  of  more  than  one  person  is  contested,  the 
court  may,  in  its  discretion,  order  the  cases  to  be  heard  to- 
gether, and  may  apportion  the  costs,  disbursements  and  at- 
torney's fees  between  them,  and  shall  finally  determine  all 
questions  of  law  and  fact,  save  only  that  the  judge  may  in  his 
discretion  empanel  a  jury  to  decide  on  questions  of  fact.  In 
the  case  of  a  contested  nomination  or  election  for  Senator  or 
Representative  in  the  Legislative  Assembly,  or  for  Senator  or 
Representative  in  Congress,  the  court  shall  forthwith  certify 
its  findings  to  the  Secretary  of  State  to  be  by  him  transmitted 


STATUTES  RELATING  TO  ELECTIONS.  143 


to  the  presiding  officer  of  the  body  in  question.  In  the  case  of 
other  nominations  or  elections,  the  court  shall  forthwith  cer- 
tify its  decision  to  the  board  or  official  issuing  certificates  of 
nomination  or  election,  which  board  or  official  shall  thereupon 
issue  certificates  of  nomination  or  election  to  the  person  or  per- 
sons entitled  thereto  by  such  decision.  If  judgment  of  ouster 
against  a  defendant  shall  be  rendered,  said  judgment  shall 
award  the  nomination  or  office  to  the  person  receiving  next  the 
highest  number  of  votes,  unless  it  shall  be  further  determined 
in  the  action,  upon  appropriate  pleading  and  proof  by  the  de- 
fendant, that  some  act  has  been  done  or  committed  which  would 
have  been  ground  in  a  similar  action  against  such  person,  had 
he  received  the  highest  number  of  votes  for  such  nomination 
or  office,  for  a  judgment  of  ouster  against  him;  and  if  it  shall 
be  so  determined  at  the  trial,  the  nomination  or  office  shall  be  by 
the  judgment  declared  vacant,  and  shall  thereupon  be  filled  by 
a  new  election,  or  by  appointment,  as  may  be  provided  by  law 
regarding  vacancies  in  such  nomination  or  office. 

Section  50.  In  like  manner  as  prescribed  for  the- contest- 
ing of  an  election,  any  corporation  organized  under  the  laws 
of  or  doing  business  in  the  State  of  Oregon  may  be  brought 
into  court  on  the  ground  of  deliberate,  serious  and  material 
violation  of  the  provisions  of  this  act.  The  petition  shall  be 
filed  in  the  circuit  court  in  the  county  where  said  corporation 
has  its  principal  office,  or  where  the  violation  of  law  is  averred 
to  have  been  committed.  The  court,  upon  conviction  of  such 
corporation,  may  impose  a  fine  of  not  more  than  ten  thousand 
dollars,  or  may  declare  a  forfeiture  of  the  charter  and  fran- 
chises of  the  corporation  if  organized  under  the  laws  of  this 
state,  or  if  it  be  a  foreign  corporation  may  enjoin  said  coruora- 
tion  from  further  transacting  business  in  this  state,  or  by  both 
such  fine  and  forfeiture,  or  by  both  such  fine  and  injunction. 

Section  51.  Whoever  violates  any  provision  of  this  act,  the 
punishment  for  which  is  not  specially  provided  by  law,  shall 
on  conviction  thereof  be  punished  by  imprisonment  in  the 
county  jail  for  not  more  than  one  year,  or  by  a  fine  of  not 
more  than  five  thousand  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

Section  52.  Proceedings  under  this  act  shall  be  advanced 
on  the  docket  upon  request  of  either  party  for  a  speedy  trial, 
but  the  court  may  postpone  or  continue  such  trial  if  the  ends 
of  justice  may  be  thereby  more  effectually  secured,  and  in  case 
of  such  continuance  or  postponement  the  court  may  impose 
costs  in  its  discretion  as  a  condition  thereof.  No  petition  shall 
be  dismissed  without  the  consent  of  the  District  Attorney,  un- 
less the  same  shall  be  dismissed  by  the  court.  No  person  shall 
be  excused  from  testifying  or  producing  papers  or  documents 


144  STATUTES  RELATING  TO  ELECTIONS. 


on  the  ground  that  his  testimony  or  the  production  of  papers 
or  documents  will  tend  to  criminate  him;  but  no  admission, 
evidence  or  paper  made  or  advanced  or  produced  by  such  per- 
son shall  be  offered  or  used  against  him  in  any  civil  or  criminal 
prosecution  or  any  evidence  that  is  the  direct  result  of  such 
evidence  or  information  that  he  may  have  so  given  except  in  a 
prosecution  for  perjury  committed  in  such  testimony. 

Section  53.  A  petition  or  complaint  filed  under  the  provi- 
sions of  this  act  shall  be  sufficient  if  it  is  substantially  in  the 
following  form : 

IN  THE  CIRCUIT  COURT  OF  THE  STATE  OF  OREGON, 
For  the  County  of 

±.  B.,   (or  A.  B.  and  C.  D.)  Contestants, 

vs. 
E.  F.,  Contestee. 

The  petition  of  contestant  (or  contestants)  above  named  alleges  : 

That  an  election  was  held  (in  the  State,  district,  county  or  city  of 

),  on  the day  of A.  D.'  190.  ...  for  the 

(nomination  of  a  candidate  for)  (or  election  of  a)  (State  the  office) 

That and were  candidates  at  said 

election,  and  the  board  of  canvassers  has  returned  the  said 

as  being  duly  nominated  (or  elected)  at  said  election, 

That  contestant  A.  B.  voted  (or  had  a  right  to  vote,  as  the  case 
may  be)  at  said  election  (or  claims  to  have  had  a  rignt  to  be  returned 
as  the  nominee  or  officer  elecetd  or  nominated  at  said  election,  or  was  a 
candidate  at  said  election,  as  the  case  may  be),  And  said  contestant 
C.  D.  (here  state  in  like  manner  the  right  of  each  contestant). 

And  said  contestant  (or  contestants)  further  allege  (here  state  the 
facts  and  grounds  on  which  the  contestants  rely). 

Wherefore,  your  conetstants  pray  that  it  may  be  determined  by  the 

court  that  said ,  was  not  duly  nominated  (or  elected)  and 

that  said  election  was  void  (or  that  the  said  A.  B.  or  C.  D.,  as  the  case 
may  be)  was  duly  nominated  (or  elected)  and  for  such  other  and 
rurther  relief  as  the  court  may  seem  just  and  legal  in  the  premises. 

Said  complaint  shall  be  verified  by  the  affidavit  of  one  of  the 
petitioners  in  the  manner  required  by  law  for  the  verification 
of  complaints  in  civil  cases. 

Section  54.  The  statement  of  expenses  required  from  can- 
didates and  others  by  this  act  shall  be  in  substantially  the  fol- 
lowing form: 

STATE  OF  OREGON, 

ss. 

County  of  j 

I, ,  having  been  a  candidate  (or  expended  money) 

at  the  election  for  the  (State)  (district)  (county)  (city)  ct 

on  the day  of A.  D.  190.  .  .  .,  being  first  duly 

sworn,  on  oath  do  say:  That  I  have  carefully  examined  and  read  the 
return  of  my  election  expenses  and  receipts  hereto  attached,  and  to  the 
best  of  my  knowledge  and  belief  that  return  is  full,  coirect  and  true. 


STATUTES  RELATING  TO  ELECTIONS.  145 

And  I  further  state  on  oath  that,  except  as  appears  from  this  re- 
turn ,  I  have  not,  and  to  the  best  of  my  knowledge  and  belief,  no  pei 
son,  nor  any  club,  society  or  association,  has,  on  my  behalf,  whether 
authorized  by  me  or  not,  made  any  payment,  or  given,  promised,  or 
offered  any  reward,  office,  employment  or  position,  public  or  private, 
or  valuable  consideration,  or  incurred  any  liability  on  .Account  of  or  in 
respect  of  the  conduct  or  management  of  the  said  nomination  or  elec- 
tion. 

And  I  further  state  on  oath,  that,  except  as  specified  in  this  return 
I  have  not  paid  any  money,  security,  or  equivalent  for  money,  nor  has 
any  money  or  equivalent  for  money  to  my  knowledge  or  belief  been 
paid,  advanced,  given  or  deposited  by  any  one  to  or  in  the  hands  of 
myself  or  any  other  person  for  my  nomination  or  election  for  the  pur- 
pose of  paying  any  expenses  incurred  on  my  behalf  on  account  or  in 
respect  of  the  conduct  or  management  of  the  said  election. 

And  I  further  state  on  oath  that  I  will  not,  except  so  far  as  I  may 
be  permitted  by  law,  at  any  future  time  make  or  be  a  party  to  the 
making  or  giving  of  any  payment,  reward,  office,  position  or  employ- 
ment, or  valuable  consideration  for  the  purpose  of  defraying  any  such 
expenses  or  obligations  as  herein  mentioned  for  or  on  account  of  my 
nomination  or  election,  or  provide  or  be  party  to  the  providing  of  any 
money,  security  or  equivalent  for  money  for  the  purpose  of  defraying 
any  such  expense. 

(Signature  of  Affiant.) * 

Subscribed  and  sworn  to  before  me  by  the  above  named 

on  the day  of    A.  D.   190 

Attached  to  said  affidavit  shall  be  a  full  and  complete  ac- 
count of  the  receipts,  contributions  and  expenses  of  said  af- 
fiant, and  of  his  supporters  of  which  he  has  knowledge,  with 
numbered  vouchers  for  all  sums  and  payment  for  which 
vouchers  are  required  as  to  all  money  expended  by  affiant. 
The  affidavit  and  account  of  the  treasurer  of  any  committee 
or  any  political  party  or  organization  shall  be  as  nearly  as  may 
be  in  the  same  form,  and  so  also  shall  be  the  affidavit  of  any 
person  who  has  received  or  expended  money  in  excess  of  the 
sum  of  fifty  dollars  to  aid  in  securing  the  nomination  or  elec- 
tion or  defeat  of  any  candidate,  or  of  any  political  party  or 
organization,  or  of  any  measure  before  the  people. 

Section  55.  Any  person  who  shall  knowingly  make  any 
false  oath  or  affidavit  where  an  oath  or  affidavit  is  required 
by  this  law  shall  be  deemed  guilty  of  perjury  and  punished 
accordingly. 


NOTE— The  foregoing  act  was  proposed  by  the  people  by  initiative  petition 
and  approved  by  a  majority  of  the  votes  cast  thereon  at  the  general  election 
held  June  1,  1908.  There  were  54,042  votes  cast  for  said  measure  and  81,301  against; 
and  under  the  provisions  of  law,  by  a  proclamation  of  the  Governor,  dated  June  23, 
IMS,  took  effect  on  said  date.  SKCKKTABY  ov  STATE. 


INDEX 


INDEX 


ACCEPTANCE—  SEO.       PAGE 

Of  nomination 2796  68 

AFFIDAVITS— 

Included  with  returns ._  2876  30 

Verification  by 2792  66 

A<;KNTS— 

And  candidates  may  be  present 2817  98 

AMENDMENT— 

To  provide  for  permanent  record  of  elections 1  112 

To  section  1878 1878  111 

APPLICATION   OF   LAW— 

To  cities  and  towns ,  6  37 

APPLICABLE— 

Australian  ballot  law 2905  65 

ARGUMENTS  ON  INITIATIVE  OR  REFERRED  MEASURES— 

Cost  of  printing,  how  met 1 8  117 

Deposit  required  with  Secretary  of  State ' 8  117 

Time  for  filing  same 8  117 

ARMY    DESERTERS— 

Forfeit  citizenship. 1996  5 

ARRANGE MENT- 

And  notice  of  nomination 20  48 

Of  candidates' names  on  official  ballot 23  49 

Of  nomination 2805  71 

Of  ballots  and  notice 21,2806  48,72 

ATTORNEY-GENERAL— 

Furnished  by  Secretary  of  State  with  copy  of  referred  or  initia- 
tive measures 5  H6 

Shall  prepare  ballot  titles  of  initiative  and  referred  measures...  5  116 

When  appeal  may  be  taken  to  alter  the  ballot  title 5  116 

AUSTRALIAN    BALLOT  LAW— 

Provisions  of ._ 2{K!f>  65 

BALLOTS— 

Arrangement  of 21,  2806  48,  72 

Arrangement  of  candidates'  names  on :/8()9  89 

Assistance  in  marking... 2826  102 

Boxes 25  55 

Cancellation  of  names  on  printed 25,  2812  55,  95 

Counting  of 7  39 

Delivery  to  chairman 2819  99 

Destruction  of  unused  official 2823  101 

Difference  between 2810  95 

Directions  as  to 2SOS  72 

Disposition  of... 18  47 

Entry  of  voter's  name  and  delivery  of 2818  99 


150  INDEX. 


BALLOTS— CONTINUED—  SEC.  PAUK 

Error  in 81  :.s 

Form  of 28i>9  89 

How  prepared  for  voter 2819  9(.i 

In  wrong  box 2790  s;i 

Margin  of  white 2810  95 

Names  of  candidates  for  U.  S.  Senate  to  he  placed  thereon  _ 2832  105 

Official 2809  89 

Official,  number  of 24  54 

Only  white,  counted 2787  88 

Partially  defective 278<i  88 

Penalty  for  tampering  with 2830  104 

Penalty  for  interfering  with  secrecy  of 2829  lo:j 

Preservation  of  stubs 28.;4  101 

Printed  and  furnished  by  county  clerk 22,  2807  49,  72 

Provisions  concerning 2785  87 

Read,  counted,  tallied  and  strung 2783  84 

Rejected 2788  88 

Sample 2810  95 

Sample,  directions  as  to 28(18  72 

Sample,  number  of 24  54 

Spoiling  and  reissue  of 2822  101 

Tampering  with 2911  ffi 

Vacancy  after  printing 25,  2811  55,  95 

BALLOT  BOXES— 

Large  and  small  for  each  precinct 2813  27 

Provisions  concerning 2785  87 

To  be  opened  before  voting  begins 2777  so 

BALLOT  TITLES— 

For   initiative   or  referred  measures,   prepared    by  Attorney- 
General  lit; 

Not  to  exceed  one  hundred  words  for  any  measure 5  116 

Numbers  of  ballot  titles  on  official  ballot. ....  5  118 

When  appeal  may  be  taken  to  alter  a  ballot  title 5  116 

BLANKS— 

For  registration  of  voters i860,  2861,  2862  21,  22 

BOARD  OF   ELECTION— 

Extra  pens  and  pencils  removed  276X  77 

BOOKS— 

Poll 5  :!7 

BRIBERY— 

At  elections 7  17 

Bribing  or  offering  to  bribe  voter 1900  1117 

Intimidating  voters  by 55<>7  7 

Offering  valuable  consideration,  gift,  gratuity,  penalty  for 1878  111 

Penalty  for 45  64 

Punishment  for  second  crime 1902  lox 

Voter  receiving  bribe  or  promise  of  same 1901  l<>7 

CANDIDATES— 

And  agents  may  be  present ..* 2817  98 

Arrangement  of  names  on  official  ballots 2:!  49 

Names  of,  for  U.  S.  Senate  to  be  placed  on  ballots 2X32  105 

Register  of 17  46 

Register  of,  is  made  public  record 47 

CANVASS— 

Of  returns -w  56 

Of  votes 9  40 

Of  vote,  duties  of  county  clerk  at't«-r.__  3n  57 


INDEX.  151 


CERTIFICATES-^-  SEC.       PAGE 

How  filed 2804  71 

Of  district  nominations 2798  69 

Of  nomination 2770  79 

Of  nomination  shall  state,  what 2794  67 

Of  State  nomination 2797  68 

Of  district  nominations 279»  69 

To  fill  vacancy 2804  71 

When  filed 2798  69 

CHALLENGE- 
AS  to  right  to  vote 2912  66 

Duty  to,  when 2879  31 

Duty  of  judge  or  clerk  in  regard  to  suspect 2771  79 

Electors  considered  when  not  registered 2875  29 

Of  elector 42  63 

Record  of 2775  134 

Registered  electors  may  be 2874  29 

(CHANGE   OF   RESIDENCE— 

Manner  of  proceeding  011 2870  28 

CHILDREN   BORN  ABROAD— 

Are  citizens 1993  5 

CITIZENSHIP— 

Certain  soldiers  and  sailors  excepted 1997  5 

CITIZENS— 

Depriving  of  civil  rights  under  color  of  State  laws  prohibited.. .  5510  8 

Naturalized  protected  in  foreign  states 2000  6 

Who  are 1992,  1993,  1994,  1995  5 

Who  are  not 1U96  5 

CIVIL   RIGHTS— 

Depriving  citizens  of,  under  color  of  State  laws,  prohibited 5510  8 

CIVIL   RIGHTS  CASKS— 

obstructing  execution  of  process  prohibited, 5516  11 

< 'LURKS  OF   ELECTION— 

Absent 2768  77 

And  judges,  how  seated 2817  9H 

0,1th  of 27«6  77 

Places  filled,  how 2768  77 

Provisions  for  primary  nominating  law 25  55 

CODE— 

Repealing  certain  sections  of 46  64 

COMMITTEEMEN- 

To  be  elected  by  each  party 43  68 

CONSPIRACY— 

To  prevent  accepting  or  holding  office  prohibited 5518  11 

To  deprive  persons  of  equal  protection  of  the  law  prohibited 5519  12 

To  injure  or  intimidate  citizens  prohibited 5508-5509  7-8 

( CONSTRUCTION— 

Of  direct  primary  nominating  law 1  35 

Of  law 8  39 

CONTEST— 

For  precinct  officers...  36  60 

How  heard 35  59 

How  tried  and  decided .-. 37  60 

Notice  of 34  59 

Trial,  etc.  ..  36-37  60 


152  INDEX. 


CORRUPT   PRACTICES   ACT-  SEC.        PA€H 

Candidates: 

Defined j 10  12s 

Advertising  in  cities  of  10,000 9  .  127 

Advertising  in  pamphlet  of -State 2  123 

Cost  of 1 3  124 

Expenses,  limitation. of 8  127 

May  tile  portraits,  etc 2,6     12:3,  126 

To  file  statement  with  Secretary  of  State 2  12:; 

Contests  under: 

Form  of  petition 52  148 

How  conducted in  142 

Petition  for,  what  to  contain is  142 

Upon  what  grounds . 45  141 

Within  what  time  to  lie  commenced 41  >  140 

Illegal  practice  denned :;.">  137 

Not  to  include  services  of  speaker,  etc.. 9  127 

Personation  defined 30  136 

Proceedings  to  be  advanced  upon  docket 52  14:; 

Promises  prohibited 23  133 

Punishment  for  violation 39  139 

Reports  of  candidates 11  121* 

To  whom  made.... 11  129 

What  to  include 11  129 

When  to  be  made 11  12'.* 

Terms  of,  how  construed lit  i-_>s 

COUNTY   CLERK— 

Absent  elector  may  be  registered  by 2*69  27 

After  canvass  of  votes,  duties  of 30  57 

Ballots  printed  and  furnished  by 2807  72 

Ballots  printed  and  furnished  by,  for  primary  election 22  in 

Duty  of 4  36 

Dutyof.asto  registration  of  electors 2860-2863  21-24 

Must  enter  elector's  name 2865  24 

In  counties  without,  clerks  of  county  court  may  act 2781  82 

To  register  electors 1 8i»  61 

COUNT— 

Error  in 31  r>s 

DEFINITION— 

Of  political  party 11  42 

DESERTER- 

Definition  of 19«s  r, 

From  army,  forfeits  citizenship 1996  5 

DIRECT   PRIMARY    NOMINATING    KLKCTlnN    LAW  — 

Direct  primary  nominating 33 

DUEL  INC-;— 

Penalty  for „  9  17 

I  >UTY— 

And  qualifications  of  election  judges 27*53  74 

Of  county  clerk 4  36 

Of  county  clerk  after  canvass  of  vote 3(>  57 

Tochallenge  voter,  when 287! »  31 

K  L  NOTION S- 

Briberyat 7  17 

But  one  person  in  l)ooth  at  one  time 2X-J5  101 

By  each  party,  committeemen  to  be 13  <>3 


INDEX.  153 


ELECTIONS— CONTIHUKD—  SKC.  PACK 

By  legislative  assembly,  how  votes  to  be  given 15  18 

Canvass  of  votes,  electoral  college 2858  106 

Compensation  of  electors 2859  107 

Compensation  of  officers 2780  82 

Conduct  of  and  count 2762  73 

Day,  disposing  of  liquor  on 1975  111 

Direct  primary  nominating  law 33 

Disorderly  conduct  at  polls 1912  110 

Fines,  how  disposed  of 1976  111 

Fraudulently  voting  at 5511  8 

Judges 27ttt  74 

Legislature  assembled  to  enact  laws 8  17 

Military  or  naval  officers  not  to  interfere  with 5531  12 

Mutilation  of  papers 2881  105 

Negligence  or  corruption  of  officers  of 1 1911  110 

Notice  of 2765  75 

Notice  of  primary 4  36 

Of  presidential  electors 2856  106 

Of  presidential  electors,  when  to  convene 2857  106 

Officers  to  be  elected 2761  71 

Penalty  for  disposing  of  liquor  on  election  day 1975  111 

Plurality  elects 16  19 

Powers  of  judges  to  punish  offenses .= ^2779  81 

Precincts 3,* 2762  36.73 

Providing  for  permanent  record  of  elections  and  votes 2833a  112 

Sheriff  to  receipt  for 2815  97 

Supplies,  etc • 27  55 

Supplies  furnished 2814  96 

Supplies  and  delivery  by  sheriff 25  65 

Supplies  furnished  by  Secretary  of  State 2828  103 

Time  for  holding  primary 2  35 

Time  of 2761  73 

Time  of  holding  of 14  18 

Troops  at,  unlawful . 5528  12 

Vacancies  of  electoral  college 2857  106 

Violations  of  act  to  be  reported  to  grand  jury . 1976  111 

Violation  of  duties  of  officers  at 5515  10 

ELECTORS  (See  also  VOTKKS)— 

Absent  elector  may  be  registered  by  the  clerk 2869  27 

Challenge  of 42  63 

Considered  challenged  when  not  registered 2875  29 

County  clerk  to  register 39  61 

Duty  of 2857  106 

Election  of  presidential 2856  106 

Idiots,  insane,  convicts,  not . 3  16 

Importing  voters,  penalty  for 1907  109 

Inducing  voters  to  absent  themselves,  penalty  for 1908  109 

Inducing  voters  to  stay  away  from  polls,  penalty  for 1909  110 

Intimidation  of  voters  by  corporations,  etc 1905  108 

Must  appear  personally  to  register,  when 1878  31 

Names  of,  to  be  certified 2782  83 

Negroes,  Chinamen,  or  mulattoes,  not 6  16 

Nomination  by 2791  66 

Oath  and  examination  of 2772  79 

Oath  of,  when  registering 2861  21 

One  person  in  booth  at  one  time 2825  101 

Penalty  for  violating  section  1905 1906  ]09 

Percentage  of,  required  on  petition 14  45 

Presidential,  compensation  of ...  2859  107 


154  INDEX. 


ELECTORS— CONTINUED—  SKO.  PAGE 

Presidential,  duty  of 2857  106 

Presidential,  when  to  convene 2857  106 

Presidential,  vacancy 2857  106 

Preventing  persons  from  voting  by  violence,  punishment  of 1904  108 

Privileges  of . 13  18 

Qualification  and  residence  of 2871  28 

Qualifications  of 2  15 

Qualifications  of  nominating 2795  68 

Refusal  to  answer 2773  79 

Registration  of 38,  40,  2860  60,  61 

Registered  electors  may  be  challenged 2874  29 

Residence 4  16 

Soldiers,  seamen,  and  marines,  not 5  16 

To  nominate,  percentage  of 2793  67 

Voting  or  offering  to  vote  illegally 1908  108 

Violating  sections  1907,  1908,  1909,  penalty  for 1910  110 

ERROR— 

In  ballot  or  count 31  58 

EXAMINATION— 

And  oath  of  elector 2772  7'.) 

EXPATRIATION— 

Right  of,  declared 1U9(.)  i> 

FORM— 

Of  official  ballot . 2:!  4'.* 

Of  tally  sheet ^ 2?si  85 

Of  petition  for  nomination 13  \-' 

FRAUDULENT— 

Registration 5512  9 

Voting  at  elections ... 5511  8 

INITIATIVE    AND    REFERENDUM— 

An  act 112 

Abstract  of  votes,  etc.,  returned  to  Secretary 9  lit) 

Court  may  compel  Secretary  of  State  to  accept  and  file  peti- 
tions  ' 4  115 

Duty  of  Governor it  115* 

Emergency  clause 15  122 

Filing  of  petition  with  city  clerk  and  duty  of 12  121 

Form  of  affidavit 3  115 

General  form 2  113 

General  applicability  to  cities  and  towns Id  119 

Manner  of  voting  upon  measures 117 

Petition  for  referendum,  form  of 1  112 

Percentage  required  to  petition  against  ordinances,  etc-,  passed 

by  city  council 11  120 

Penalty  for  fraudulent  signatures 13  121 

Repeal  of  provisions  in  violation 14  122 

Secretary  of  State  shall  transmit  to  Attorney-General  copy  of 

petition 5  116 

Secretary  of  State  shall  furnish  county  clerks  certified  copy  of 

measures  to  be  voted  upon _,   6  11<> 

Secretary  of  State  shall  print  title  and  text  of  each  measure 

submitted,  time 8  117 

Who  may  sign  petition 13  121 

INTIMIDATION— 

Of  voters  by  officers,  etc.,  of  army  or  navy 552!»  12 

Of  voters  by  bribery,  threat,  etc....  1878  111 


INDEX.  155 


JUDGES  OF  ELECTION—  SEC.  PAGE 

Absent 27«7  77 

Additional  and  their  meetings 2764  74 

And  clerks,  how  seated 2817  98 

List  of,  to  he  posted - 2765  75 

Oath  of 27»}tt  77 

Official  seals,  not  used,  to  be  burned 2788  84 

Place,  how  filled 2767  77 

Powers  of,  at  election 2779  81 

Provisions  for  primary  nominating  elections  law.. 25  55 

Qualifications  and  duties.. 2763  74 

LAW- 

Application  of,  to  cities  and  towns 6  37 

Construction  of ],  8  35,  39 

Direct  primary  nominating  elections 33 

LUCRATIVE    OFFICES— 

Persons  holding  under  United   States  not  eligible  to  certain 

offices 10-11  17 

MARRIED   WOMEN- 

A  re  citizens 1994  5 

NAME— 

Party,  to  be  given :W  «1 

NATURALIZED  CITIZENS— 

Protected  in  foreign  states '  2txio  6 

NOMINATION— 

Acceptance  of 2796  68 

Arrangement  and  notice  of 20,  2805  48,  71 

By  political  party  or  electors 2791  66 

Certificates  of 2792,  2770  66,  79 

Certificates  of  district 2798  69 

Certificates  of  State 2797  68 

Form  of  petition  for 13  43 

Of  U.  S.  Senator 28  56 

Percentage  of  electors  required 2798  67 

Petitions  for,  to  be  filed 12  48 

Qualifications  of  electors 2795  68 

Register  of . 2799  69 

Time  for  filing  petitions  for 16  46 

To  fill  vacancy 2803  70 

When  filed „_ 2797-2798  68,  69 

What  certificates  shall  state 2794  67 

Withdrawing 2801  70 

NOTARY— 

Registration  may  be  made  before _ 2868  26 

NOTICE— 

Arrangement  of 21,  2806  48,  72 

Of  election 2765  75 

Of  contest 34  59 

Of  death  or  withdrawal. 19,2802  47,70 

Of  nomination 2805  71 

Of  nominations  and  arrangement 20  48 

of  primary  elections 4  36 

Service  of i 35  59 

OATH— 

And  examination  of  elector 2772  79 

Of  judges  and  clerks 2766  77 

Of  qualification  to  vote 2774  79 

The  nature  of...  2912  66 


156  INDEX. 


OFFICERS—  SEC.        PA.,! 

Compensation  of  election 2780  82 

Contest  for  precinct 36  60 

Not  to  be  obstructed  with  execution  of  process 5516  11 

Not  to  refuse  to  receive  or  execute  process 5517  11 

What  is  violation  of  duty  at  election . 5515  10 

OFFICIAL  BALLOT— 

Arrangement  of  candidates' names 28  4(.t 

Form  of 23  49 

Number  of 24  54 

OFFICIAL   MISOONDUCT- 

Penalty  for :-«  59 

OFFICIAL   SEALS  AT  ELECTIONS— 

Those  not  used  to  be  burned 2783  84 

PENALTY— 

For  official  misconduct 33,  2838       59,  106 

For  voting  illegally 2911  65 

For  violations  of  law 42,44  63,64 

For  interfering  with  voter . 2827  102 

For  interfering  with  secrecy  of  ballot 2829  10:5 

For  tampering  with  ballot 2830  lot 

For  mutilation  of  election  papers 3831  105 

For  violation  of  act  by  officers 2877  30 

For  bribery,  etc 45  64 

For  bribery,  intimidation,  threat  of  injury,  etc.,  and  penalty 1878  111 

For  voting  or  offering  to  vote  illegally 1903  K»s 

For  preventing  person  from  voting  by  violence 1!K>4  108 

For  intimidation  of  voters  by  corporations ' 191  >5  108 

For  violating  section  1905 19U6  109 

For  importing  voters 1907  low 

For  violating  sections  1907,  1908,1909 1910  no 

For  negligence  or  corruption  of  officers 1911  lio 

For  disorderly  conduct  at  polls 1912  110 

For  disposing  of  liquor  on  election  day . 1975  111 

Giving  information  as  to  vote 2827  102 

Inducing  voters  to  absent  themselves 1908  109 

Inducing  voters  to  stay  awray  from  polls , 1909  110 

Prescribed  for  second  crime 1902  108 

PERCENTAGE— 

Of  electors  required  on  petition 14  45 

Of  electors  to  nominate 2793  67 

PETITIONERS— 

Qualifications  of 15  46 

PETITIONS— 

Form  of,  for  nomination 13  43 

Percentage  of  electors  required  on -.  14  45 

Time  for  filing  for  nominations 16  46 

To  be  filed  for  nomination 12  43 

POLITICAL  PARTY— 

Defined  

Nomination  by ,~-  2791 

POLL  BOOKS— 

Custody  of •   2786 

Disposition  of ls 

Form  of 278-' 

To  be  sealed  and  returned...  1°  41 


INDEX.  157 


POLLS—  SEC.  PAGE 

Arrangement  and  provisions  for 2816  97 

Books 5,  2769  37,  78 

Opening  and  closing 5  37 

Place  of 3,  25  36,  55 

Restrictions  within  50  feet 2778  81 

P  R  K  C 1  NO T    R  K G I  STE  RS— 

What  to  contain -;867  26 

PRECINCT— 

Election ., 3  36 

Registers.. 2876  :!0 

Registers  contain  what 2867  26 

PRIMARY   ELECTIONS— 

Notice  of i  36 

PRINTING  ARGUME NTS- 
Money  to  cover  cost  to  be  deposited  with  Secretary  of  State 8  117 

Residue,  if  any,  to  be  returned  to  depositor 8  117 

Time  in  which  arguments  must  be  filed 8  118 

PUBLIC   RECORD— 

Registers  are -^ 2873  29 

Register  of  candidates  is 18  (7 

QUESTIONS— 

Refusal  to  answer 2912  66 

QUALIFICATION— 

And  duties  of  election  judges 2763  74 

Oath  of,  to  vote 2774  79 

of  electors -  2871  28 

Of  nominating  electors 3795  68 

Of  petitioners 15  46 

Rules  to  determine, 2776  80 

RECALL— 

Who  subject  to 18  19 

RECORD— 

Of  challenge 2775  134 

RECORDS— 

Copies  of - 2800  69 

Of  elections,  of  votes  cast  at 2833"  112 

REGISTER— 

Electors,  county  clerk  to 39  61 

Electors  must  personally  appear,  when 2878  31 

Of  candidates 17  46 

Of  candidates  is  public  record . 18  47 

Of  nominations 2799  69 

REGISTERS— 

Are  public  records 2873  29 

Closed,  when 41,  2872  62,  28 

Precinct  and  affidavits  included  with  returns 2876  30 

REGISTRATION— 

Absent  elector  may  be  registered  by  the  clerk 2869  27 

Before  a  notary 2868  l>6,  96 

Electors  considered  challenged,  when  not 2875  29 

Electors  may  be  challenged 2874  29 

Fraudulent 5512  9 

Of  electors 38-40  61,62 

Manner  of 2866  24 

Time  of 2864  24 

What  constitutes...                                                                                     ...5512-5513  9-10 


158  INDEX. 


REGISTRATION  OF  ELECTORS—                                                                      SEC.  PAGE 

Form  of  blanks  for 2862  22 

Manner  of 2860-61  21 

Time  of 2864  24 

RE  MONSTRANCES- 

To  appointment  of  judges  and  clerks 2765  75 

REPEAL- 

Certain  sections  of  Code 46  64 

RESIDENCE- 

Manner  of  proceeding  on  change  of 2870  28 

Of  electors 4,2871         16,28 

RETURNS— 

Oanvass  of 29  56 

Precinct  registers  and  affidavits  included  with 2876  30 

Secretary  of  State  may  send  for 32  59 

SAMPLE   BALLOTS— 

Number  of 24  54 

SECRETARY   OF   STATE— 

Election  supplier  furnished  by 2828  103 

May  send  for  returns 32  69 

Shall  have  printed  the  title  and  text  of  each  measure  submitted 

to  voters 8  117 

Shall  require  deposit  from  parties  furnishing  arguments  to  be 

printed  for  or  against  measures 118 

SHERIFF- 

Election  supplies  delivered  by 25  55 

To  receipt  for  supplies 2815  97 

STUBS— 

Preservation  of 2824  101 

TALLY   SHEETS— 

Custody  of 2786  88 

Disposition  of 18  47 

Form  of 9,  2784  40,  85 

How  made  and  certified . 2784  85 

Provisions  concerning 2785  87 

To  be  sealed  and  returned 10  41 

TIME— 

For  filing  petitions  for  nomination 16  46 

Of  opening  and  closing  polls 5 

THREATS— 

Intimidating  voters  by ... 5507  7 

TRIAL- 
HOW  decided 27  60 

Manner  of 37  60 

Trial,  etc 36  60 

TXITED   STATES   SENATOR— 

Nomination  of 28  .16 

VACANCY— 

After  printing  ballots 25,  2811  55,  95 

Certificate  to  fill 2804  71 

Nomination  to  fill 2803  "" 

VIOLATION— 

Of  act  by  officers,  penalty  for 30 

Of  duty  by  officer  at  election 5515 

Of  law,  penalty  for 42-44        63,  64 


INDEX.  159 


VOTE—  SKC.  PAGK 

Duties  of  county  clerk  after  canvass  of ;{<>  57 

Voting  or  offering  to,  illegally l»tt  108 

VOTB8- 

Oauvass  of 9  40 

Canvass  of,  electoral  college 2858  106 

Plurality  elects 16  10 

Y<  >TKRS  (See  also  ELECTORS)— 

Attempt  to  vote,  by  rejected 2912  66 

Ballot,  how  prepared  by 2X1  u  99 

Bribing  or  offering  to  bribe 19(10  107 

Corruption,  intimidation,  threatened  injury  of  officers,  penalty 

for 1  111 

Definition  of 1902  108 

Duty  to  challenge,  when 2879  31 

Giving  information  as  to  vote 2X27  102 

Illegal,  penalty  for .F.  2911  65 

Improperly  influencing ._-  2911  65 

Interfering  with 2827  102 

Interference  by  army  and  naval  officers  prohibited 2008  7 

Intimidation  of,  by  officers,  etc.,  by  nrmy  or  navy 5529  12 

Intimidating  by  bribery  or  threats  ._. 5507  7 

Name,  entry  of 2818  99 

Name  must  be  entered  by  County  Clerk 2805  24 

Negroes,  Chinamen,  or  mulattoes,  not .... »>  16 

One  person  in  booth  at  onetime 28:>5  101 

Penalty  therefor 2827  102 

Privileges  of 13  18 

Punishment  for  second  crime 1902  108 

Qualifications  of 2  15 

Qualifications  of,  not  to  be  prescribed   by  officers  of  army  or 

navy 5530  12 

Race  color  or  previous  condition  not  to  affect  right  to  vote 2004  7 

Receiving  bribe  or  promise  of 1901  107 

Soldiers,  seamen,  and  marines,  no  privileges  as 5  16 

VOTING- 

Begins,  ballot  boxes  to  be  opened  before 2777  80 

Duties  of  county  clerk  after  canvass  of 1 $>  57 

For  state,  or  state  and  district  officers 2821  100 

Fraudulently 5511  8 

Keys  to  ballot  boxes 2777  80 

Manner  of 26-27,  2820  56,  100 

Place  of 17  10 

What  is 5514  10 

What  is  attempt  or  offering  to  vote 5514  10 

WITHDRAWAL— 

Notice  of. ..  19  47 


